Furthermore,
Supreme court canada cancels holding:
A Quebecer who was found guilty of the manslaughter of his spouse is. Similarly, avoiding the holding of a second trial following a decision rendered on Friday by the Supreme Court of Canada. However,
The highest court in the country canceled the judgment of the Quebec Court of Appeal which ordered. Moreover, a new trial in the Pascal Varennes file. Similarly, But it gives the director of criminal and criminal proceedings the possibility (DPCP) to bring the case again on appeal.
In 2020. Therefore, 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. Similarly, He was sentenced to a sentence of nine years’ imprisonment.
The verdict was challenged by the prosecution. Similarly, which argued that the judge’s decision to keep supreme court canada cancels holding the trial without jury was a mistake. However, The Quebec Court of Appeal ranked on the side of the public prosecutor in 2023 and ordered that Mr. For example, Varennes is undergoing 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. Meanwhile, The latter had accepted Mr. Varennes’s request to hold 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 Pascal Varennes. The trial judge defended a probable violation in paragraph 11b) and avoided a judgment of procedures, thus protecting the rights of the appellant while supreme court canada cancels holding respecting the prosecutor’s decision to have the 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 campaigned in favor of the holding of a 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 estimated that it was not obvious that the health constraints linked to the pandemic would delay the trial
.
Supreme court canada cancels holding
A Adapted repair
In this case. the Supreme Court should in particular determine whether the trial judge had jurisdiction to order the holding of a trial before judge alone in a case of murder, despite the refusal of DPCP d’a and consent.
Contrary to what the court of appeal had concluded, the highest court in the country has decided that yes. The choice to consent. not to a trial before judge alone does not fall under discretionary power essential
in matters of prosecution of the crown.
The judges of the Supreme Court of Canada. from left to right, Andromache Karakatsanis, Suzanne Cote, Michelle O’Bonsawin, supreme court canada cancels holding Richard Wagner, Malcolm Rowe, Sheilah Martin, Nicholas Kasirer, Mahmud Jamal and Mary Moreau. (Archives photo)
Photo: Canadian press / Adrian Wyld
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 DPCPsince she concluded that a process with jury would probably bring Varennes’ right to be tried within a reasonable time
under the charter. according to Jordan’s judgment.
The decision to order the holding of a trial before judge alone was a suitable supreme court canada cancels holding compensation. [en vertu de la Charte] […] aimed at preventing a violation while causing the least possible prejudice to other public interests
said judge Karakatsanis in the reasons shared by five of the seven judges of the court.
Procedural abuse
The Malcolm Rowe. Nicholas Kasirer judges said they agreed with the conclusion that the trial judge did not make a mistake by taking a path contrary to DPCP. However, they do not share the same reasoning to get there.
According to them. the prosecution has shown a procedural abuse
By insisting in the summer of 2020 so that the trial was held before jury, while the first waves of the Covid – 19 and the first waves swept. that the courthouses had supreme court canada cancels holding barely reopen their doors
.
Given the exceptional circumstances of this case. the trial judge was justified to override the prosecutor’s decision, because it was a conduct that undermined the integrity of the justice system.
The court also mentions that the Quebec Court of. Appeal has not examined all the means 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 belongs to DPCP whether or not to decide whether 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 family.
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