New jury selection rules will not apply to Fredericton shooting case, judge rules

A Court of Queen's Bench judge has decided new jury selection rules will not apply to the fitness hearing of accused Fredericton shooter Matthew Vincent Raymond.

In a decision released Monday, Justice Fred Ferguson said jury selection for a hearing on whether Raymond is fit to stand trial will be based on rules followed before Bill C-75 came into effect. 

Bill C-75, introduced by former justice minister Jody Wilson-Raybould, "significantly amended" the Criminal Code, Ferguson wrote.

It removed peremptory challenges, meaning lawyers can't reject potential jurors without giving reasons. It also puts more power in the hands of the judge to decide which potential jurors should remain and which should be dismissed.

Bill C-75 was proposed in an effort to reform jury selection after an all-white jury acquitted a white Saskatchewan farmer, Gerald Stanley, in the shooting death of a 22-year-old Cree man, Colten Bouchie.

Raymond no exception

Raymond is charged with four counts of first-degree murder in the shooting deaths of Donnie Robichaud and Bobbie-Lee Wright and police constables Sara Burns and Robb Costello last Aug. 10.

The Crown wanted the new jury rules to apply in the case, but the defence was opposed.

In most cases, new legislation only applies to crimes committed after the provisions come into effect, and Ferguson ruled the Raymond case is no exception. 

The new jury rules came into effect Sept. 19, a little over a week before jury selection for Raymond's scheduled fitness hearing.

Because the Raymond case entered the system in August of last year, it isn't required to be held under the new rules.

Ferguson reserved his right to revisit this issue when it comes to jury selection for Raymond's murder trial, when and if it takes place.

Why a judgment was needed

Ferguson said there is no clear indication from Parliament that the new rules should apply retrospectively, and the legislation is just not clear enough on the issue. 

Writing a full decision would be especially important if there's an appeal, he said.

Ferguson said there was also nothing in Bill C-75 to help him make this decision.

"Unfortunately, it appears little or no attention was paid in the drafting of C-75 to whether transitional provisions ought to have been incorporated into the bill to indicate whether the jury selection provisions apply retrospectively or prospectively," he wrote.

"Trial judges and counsel are left to sort out which route is the correct one."

He said the additional issue of Raymond's fitness to stand trial complicates matters.  

Raymond was previously found fit to stand trial, but the Crown asked for a second fitness assessment Aug. 30 because of things Raymond said and written submissions about his behaviour. 

Dr. Scott Woodside, a forensic psychiatrist who examined Raymond, has since handed in a report to the court. The contents of the report are under a publication ban.

Being fit to stand trial means defendants are capable of understanding court proceedings and are able to defend themselves alone or through a lawyer. 

Fitness to stand trial deals with the accused's current mental state. It has nothing to do with an accused's state of mind during an alleged crime. Criminal responsibility is a separate matter.