Christopher Husbands: Eaton Centre Shooter Granted New Trial Posted onJuly 25, 2017June 22, 2020/ Katelyn Bell By: Katelyn Bell, Summer Law Student In a previous blog post, we discussed the possibility of a new trial being granted to Christopher Husbands. Husbands was the perpetrator in the 2012 Eaton Centre shootings, which killed two people. Husbands was found guilty of two counts of second-degree murder in 2015. Recently, Husbands argued that his 2015 trial was prejudiced as a result of an improperly selected jury, and as such, he argued that he was entitled to a new trial. Last Friday, the Ontario Court of Appeal agreed. The Court overturned Husbands’ convictions as a result of the trial judge’s “irreparable mistake” with regards to the jury selection. As discussed in the previous post on this issue, in the 2015 trial, static jurors were imposed by the trial judge, despite Husbands’ lawyers’ request for rotating jurors. The Court of Appeal acknowledged that Husbands’ request was clear, and the trial judge was wrong to have imposed static jurors. According to the Court of Appeal, “In accordance with the current state of the law… what occurred here cannot be salvaged.” This decision comes as little surprise, as the Court of Appeal has made the law clear on this point: the improper use of static jurors will render a conviction voidable (R v Noureddine). As the Noureddine decision stems from the highest court in Ontario, it is binding on all lower courts in the Province. It is the trial judge’s failure to follow Noureddine that has led to the overturning of Husbands’ convictions. Yet, it is likely to take more than a year before a new trial for Husbands gets underway. As Husbands was acquitted on the charge of first-degree murder, his new trial will be on the charges of second-degree murder, as well as aggravated assault and criminal negligence causing bodily harm. If you require representation for criminal disputes, please contact Devry Smith Frank LLP’s criminal lawyers. For all other legal services and inquiries, please take a look at our website or call us directly at 416-449-1400. “This article is intended to inform and entertain. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” Authors Katelyn Bell 416-446-5837 416-446-5837 katelyn.bell@devrylaw.ca Related Posts Posted onMarch 8, 2021March 15, 2021/ David M. Schell The First Steps After Being Criminally Charged During The COVID-19 Pandemic If you have been arrested by the police and are now required to navigate the criminal justice system, it is useful to know in advance what to expect, particularly with an eye to the latest changes to criminal court proceedings amidst the pandemic. A number of things can happen after being arrested and charged. If [...] Read more Posted onApril 30, 2020September 30, 2020/ David M. Schell What can I get ticketed for during the COVID-19 State of Emergency in Ontario? This blog is co-written by our former articling student, Janet Son. There is a growing list of Orders-in-Council being made under the Emergency Management and Civil Protection Act (“EMCPA”), which provides the Ontario government with sweeping powers to put measures in place to contain the COVID-19 pandemic. However, there is a growing concern about excessive ticketing and [...] Read more Posted onNovember 28, 2019July 5, 2023/ David M. Schell When Does Negligence Become Criminal? The Criminal Code of Canada contains several negligence based criminal offences, including dangerous driving as well as failure to provide the necessaries of life. The broader offence of criminal negligence is contained at section 219 of the Criminal Code. Section 220 is the provision dealing with criminal negligence causing death. They read as follows: 219 [...] Read more Posted onFebruary 22, 2019June 14, 2020/ David M. Schell Can I be Criminalized or given a Custodial Sentence for Possessing or Using ‘Legal’ Cannabis? The answer to the above question is really dependent on how someone obtains their cannabis and what one then does with their legal cannabis. Bill C-45 has now become law and in a previous post we spoke about the use of recreational cannabis and its legalization on October 17, 2018, by the federal government. In response, the [...] Read more Posted onFebruary 11, 2019May 20, 2023/ David M. Schell What Are the Consequences of Filing a False Police Report In Canada? By now we have all been subjected to the tragic details of television star Jussie Smollett’s alleged attack in Chicago. When the news broke initially, it seemed as though Smollett was a survivor of what appeared to be a hate crime and his colleagues within the entertainment business did not hesitate to express their support [...] Read more