A court hearing is scheduled to begin in Laval on Monday to decide whether the man responsible for the tragic incident of driving a city bus into a daycare center in Montreal, resulting in the deaths of two children, should be deemed a high-risk offender.
Superior Court Justice Éric Downs will preside over the proceedings, which are set to last for a week, during which both the prosecution and the defense will present their arguments regarding Pierre Ny St-Amand.
On April 29, the 53-year-old former bus driver was deemed not criminally responsible for the incident, as it was determined that he was likely experiencing psychosis at the time of the crash on Feb. 8, 2023, a decision made based on a joint recommendation by the Crown and the defense.
The prosecutors are expected to make a case for Ny St-Amand to be labeled a high-risk offender, which would entail strict confinement at a psychiatric facility, citing concerns about the potential risk of reoffending if he were to reenter society.
Criminal defense lawyer Kwadwo Yeboah explained, “The designation of high-risk offender carries significant implications for the individual, as it could result in continued incarceration even after completion of the assigned sentence, based on the assessment of the danger posed.”
Meanwhile, the defense plans to challenge the constitutionality of the high-risk offender status in a separate hearing scheduled to commence on Nov. 10, as they believe it could infringe on Ny St-Amand’s rights.
Justice Downs had sought input from federal government lawyers back in May regarding the high-risk designation, which was introduced in the Criminal Code in 2014 for individuals found not criminally responsible for violent offenses.
Yeboah noted, “Given the gravity of the matter, the judge is likely to carefully consider all the information before reaching a decision, which may not be immediate.”
The tragic crash resulted in the loss of four-year-old Jacob Gauthier and a five-year-old girl, identified as Maëva, whose family name remains undisclosed under a publication ban at the request of her parents. Additionally, six other children sustained injuries in the incident.
