Alberta appeals Laboucan retrial to Supreme Court of Canada

The question of whether Joseph Laboucan should get a new trial is going before the Supreme Court of Canada.

The Crown prosecutor's office has asked the country's highest court to rule on the matter after the Alberta Court of Appeal decided last month that Laboucan should be given a new trial.

In 2007, Laboucan was found guilty of first-degree murder, aggravated sexual assault and kidnapping in the death of Nina Courtepatte, 13, whose body was found on a golf course west of Edmonton in 2005.

In a 2-1 decision in early January, the appeals court ruled the trial judge erred in assessing Laboucan's credibility as a witness when he took the stand in his own defence.

The court ordered that Laboucan get a new trial on the charges.  

The appeal court's split decision allows the Crown to appeal to the Supreme Court without first asking for leave to appeal.  

It is not known when the Supreme Court will hear the case.