This article discusses intimate partner violence and may be triggering to some readers. If you or someone you know is experiencing violence or abuse, contact the Kelowna Women’s Shelter 24/7 support line at 250-763-1040 or text 236-970-0704. In an emergency, call 911.
“We’re not stopping until we see that change.”
That’s what Debbie Henderson, the aunt and the family’s spokesperson for Bailey McCourt, told media in front of the Kelowna Courthouse on Nov. 25.
James Plover was back in court via video on Tuesday, where his second-degree murder charge was upgraded to first-degree.
When Plover was in court on Monday, Nov. 17, the court heard that Plover’s second-degree murder charge in relation to McCourt’s death had been upgraded to first-degree murder and dangerous operation of a vehicle. That was confirmed on Tuesday, with the second-degree charge being stayed. His next appearance is set for Jan. 13.
On July 4, 2025, several hours after being found guilty for choking and uttering threats stemming from a June 2024 incident, Plover’s estranged spouse, Bailey McCourt was attacked in a daytime violent assault. McCourt and another woman who was also attacked were taken to hospital with injuries, where McCourt later died. Plover was pursued by police following the reported assault and was arrested on Glenmore Road, near Lake Country.
“Obviously, I would like to see him go to jail for a very long time. That’s obviously not going to happen anytime soon. But we’re hoping that he remains detained throughout the process of going through the murder trial,” said Henderson after the charge was upgraded to first-degree.
Henderson explained that she and the McCourt family had to wait four-and-a-half months for the murder charge to be upgraded, calling it “agonizing.”
“When someone’s charged with second-degree murder, the person could face, you know, 25 years to life in prison; however, you have the option of applying for parole after 10 years,” said Henderson while tearing up. “I don’t think any family of a murder victim can fathom the thought of having to go and see and fight for their loved one’s murder and to stay in prison after 10 years. Bill C-225 will change that regarding intimate partner violence.”
Henderson added that the relationship between intimate partners should be a trusting one.
“If somebody claims to love someone and be in a position of trust and they take their life, it’s absolutely automatic first-degree,” said Henderson.
Kamloops MP Frank Caputo introduced Bill C-225, also known as Bailey’s Law, to the House of Commons as a private members’ bill back on Sept. 18. In the bill, all domestic violence killings would be treated as first-degree murder.
Henderson and the McCourt family are pushing for support for the bill, asking the public to write to their MPs.
“This case will make a change, there will be a drastic change,” added Henderson. “It’s absolutely unacceptable. The gaps in the system need to be fixed.”
Plover is set to next appear in court on Thursday, Nov. 27, to be sentenced in relation to the June 2024 incident. Henderson and the McCourt family plan to be in attendance.
“The whole family might not be able to be here all the time, but we will have someone here to represent Bailey and honour Bailey every step of the way,” said Henderson.
– with files from Jen Zielinski