A Glace Bay family is angry after learning the man convicted of manslaughter in the death of their son will not be retried for murder.

After more than five months of waiting, the Kelloway family received a 17-page ruling handed down by the Alberta Court of Appeal, dismissing appeals by both the Crown and defence. The defence argued the defendant should be acquitted.

“I have so much anger in me, to know that the justice system failed us again,” said Monica Kelloway.

It was in May 2013 when an altercation between Craig Kelloway and Nicholas Rasberry resulted in Kelloway being stabbed 37 times with three different knives. Rasberry admitted to killing Kelloway, claiming he was threatening to rape him and his wife.

The Court of Appeal dismissed the defence's argument, saying Kelloway would've been incapacitated before Rasberry stopped stabbing him, meaning it was more than just self-defence.

The Crown's appeal was also thrown out because the court agreed Rasberry was provoked.

“What constitutes murder in the eyes of these judges? Is it 37 stab wounds? Is one stab wound? Is it 100 stab wounds? I'd love to have an answer to that,” said Monica Kelloway.

Thursday marked the fourth anniversary of Craig Kelloway's death. His family spent the day at his graveside, laying flowers in his memory.

“He should be here with his son, but Rasberry took that. Craig has a lot to live for and Rasberry took it all away and tried to damage his reputation,” Monica Kelloway said.

Meanwhile, Rasberry is still appealing his sentence, so until that is decided, Rasberry remains a free man.

With files from CTV Atlantic’s Kyle Moore.