Alleges Defense: Labeling Pierre Ny St-Amand as a "high-risk accused" is accused of being discriminatory
In a high-profile case, Pierre Ny St-Amand, a bus driver from Laval, is currently detained at the Philippe-Pinel Institute following a tragic incident on February 8, 2023. St-Amand crashed his bus into a daycare, resulting in the death of two children and injuries to six others.
The actions leading up to the incident were unpredictable, and St-Amand himself cannot explain what occurred, according to Mr. Blais, one of the Crown prosecutors. The brutality of the actions is 'evident,' the Crown prosecutor argues, suggesting that violence could be a possibility for St-Amand.
However, Véronique Talbot, St-Amand's lawyer, states that the 'high-risk accused' regime, which targets those in 'revolving doors,' does not apply to her client. She also argues that the designation has no benefit for treatment, according to Dr. Alexandre Hudon, a psychiatrist expert witness appointed by the court.
To be designated as a 'high-risk accused,' Judge Eric Downs must conclude that the probability of violent recidivism is 'marked' or that the brutality of the act committed makes it such that there is a risk of serious harm to another person. Véronique Talbot argues that the risk of relapse described by psychiatrists is a risk of having a psychosis, not of being violent.
The primary objective of the 'high-risk accused' regime, according to Simon Blais, is to protect the population from persons considered very dangerous. He argues that public safety should be prioritized over the patient's interest in the case of St-Amand. However, Talbot argues that the designation violates several fundamental principles of justice.
In response to the Crown's request, Judge Downs is currently considering the case. After considering both St-Amand's designation and the constitutional validity of certain sections of the Criminal Code, Downs will issue a judgment. Véronique Talbot has announced that she will ask the court to declare the entire 'high-risk accused' regime unconstitutional.
Judge Jocelyn Tremblay is the judge deciding whether St-Amand will be classified as a 'dangerous accused.' The trial for the constitutional validity of certain sections of the Criminal Code related to the high-risk accused regime will take place in November.
In a separate case, Judge Ann-Mary Beauchemin acquitted an accused in a Montreal theft case during sexual relations, stating that a reasonable doubt was raised. Meanwhile, in a different context, Stephen Colbert went on the offensive against Donald Trump after the end of his 'Late Show.'
Stay tuned for updates on the St-Amand case as it progresses through the courts.
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