The Supreme Court of Canada cancels the holding of a second trial for a Quebecer

Montreal – A Quebecer who has been found guilty of the manslaughter of. However. In addition. Similarly, his spouse is avoided the holding of a second trial following a decision rendered on Friday by the Supreme Court of Canada. Consequently,

The highest court in the country canceled the judgment of the Quebec Court of Appeal which ordered a. For example, new trial in the Pascal Varennes file. Consequently. Meanwhile. However, But it gives the director of criminal and criminal proceedings the possibility (DPCP) to bring the case again on appeal. However,

In 2020. Similarly. Furthermore. Similarly, the man was acquitted from the second degree murder offense, but he was found guilty of the manslaughter of his wife in December 2015 in the Laurentians. Therefore, He was sentenced to a sentence of nine years’ imprisonment. Meanwhile,

The verdict supreme court canada cancels holding new was challenged by supreme court canada cancels holding new the prosecution. Furthermore. Therefore. Furthermore, which argued supreme court canada cancels holding new that the judge’s decision to keep the trial without jury was a mistake. Nevertheless, The Quebec Court of Appeal ranked on the public prosecutor’s side in 2023. Furthermore, ordered Varennes to have a new trial before jury in relation to the second degree murder accusation.

In a unanimous decision rendered on Friday, the Supreme Court rather agreed to the trial judge. The latter had accepted Varennes’ request to take a trial before a judge alone. The accused notably argued that risks of delays with a trial before jury due to the COVVI-19 pandemic could. undermine his right to be judged within a reasonable time under the Canadian Charter of Rights. Freedoms.

By accepting the request of Varennes. “the trial judge defended a probable violation in paragraph supreme court canada cancels holding new 11b). avoided a judgment of procedures. thus protecting the rights supreme court canada cancels holding new of the appellant while respecting the prosecutor’s decision to have the supreme court canada cancels holding new accusation on the merits,” wrote the judge of the Supreme Court Andromache Karakatsanis.

The prosecution had noted his opposition to a trial before a judge alone. arguing that “the public interest militated in favor of the holding of a trial before jury in the case. of an accusation of murder in a context of domestic violence in a small community”. recalls the Supreme Court. She also believed that “that it was not obvious that the health constraints linked to the pandemic would delay. the trial”.

A “suitable repair”

In this case. the Supreme Court was to determine in particular whether the trial judge had jurisdiction to order the holding of. a trial before judge alone in supreme court canada cancels holding new a case of murder despite the DPCP’s refusal to consent to it.

Contrary to what supreme court canada cancels holding new the court of appeal had concluded. the highest court in the country has decided that yes. The supreme court canada cancels holding new choice of. not to consent to a trial before judge alone is not a “essential” discretionary power in matters of prosecution. of the crown.

According to the Criminal Code. any trial with regard to an offense referred to in article 469. including murder. must take place before a judge and a jury, unless the accused person and the Attorney General agree to the holding of a judge alone.

The Supreme Court considers that the judge had jurisdiction to bypass the choice of the DPCP. since it concluded that a process with jury “would probably infringe the right of Varennes to be judged within. supreme court canada cancels holding new a reasonable time” under the Charter. according to Jordan’s judgment.

“The decision to order the holding of a trial before judge alone supreme court canada cancels holding new was. an adapted compensation (under the charter) (…) aimed at preventing a violation while causing the least possible prejudice to other public supreme court canada cancels holding. new interests. ” said Karakatsanis judge in the reasons shared by five of the seven tribunal judges.

Procedural abuse

The Malcolm Rowe. Nicholas Kasirer judges said they agreed with the conclusion that the trial judge did not make an error by. taking a path contrary to the DPCP. However, they do not share the same reasoning to get there.

According to them. the prosecution showed an “procedural abuse” by insisting in the summer of 2020 so that the trial stood before jury. while the first waves of the Cavid – 19 pandemic swept and supreme court canada cancels holding new “that the courthouses had barely reopened”.

“Given the exceptional circumstances of this case. the trial judge was justified to be over the prosecutor’s decision. because it was a supreme court canada cancels holding new conduct that undermined the integrity of the justice system. ” wrote Judge Rowe.

The court also mentions that the Quebec Court of Appeal has not examined all the means supreme court canada. cancels holding new of appeal invoked. by the prosecution. As the Crown requests. the Supreme Court suggests referring the case to the Court of Appeal to decide on the other means of appeal.

However. it is up to the DPCP to decide whether. not to appeal the acquittal on the other means raised again, specifies the Supreme Court.

Justice Rowe stresses that Varennes has already served an equivalent sentence at nine. three months and he has reinstated in his community and his supreme court canada cancels holding new family.