Trials and judgments to watch in 2023

The 2023 judicial year promises to shed light on recent cases that have troubled Quebecers, whether it is a question of sexual assault, the wearing of religious symbols at work, feminicides or rights and freedoms during demonstrations. Here are six records to keep an eye on.

High school sex crimes

Among the trials to watch this year are those of two of three basketball coaches at Saint-Laurent high school in Montreal, who were charged with various sex crimes against female students, also high-level athletes. Charles-Xavier Boislard, Daniel Lacasse and Robert Luu have pleaded not guilty to these charges. Mr. Luu will not have his trial at the same time, having chosen to first undergo a preliminary investigation in April. The trials of the other two, which are to take place this fall, should reveal how they could have committed the alleged acts over such a long period – from 2008 to 2017, according to the indictments – in a school context.

Simon Houle and conditional discharge

Another case that shocked many in 2022 was that of Simon Houle, an engineer who was granted a conditional discharge after pleading guilty to charges of voyeurism and sexual assault. Some considered the sentence far too lenient and denounced comments made by Judge Matthieu Poliquin, who rendered his judgment by writing in particular that the sexual assault took place “all in all quickly” and that a conviction would have “consequences particularly negative and disproportionate”, which could hinder the engineer’s career. The Director of Criminal and Penal Prosecutions appealed the sentence, claiming 15 to 18 months in prison. The judgment of the Court of Appeal is expected this year.

The Sexsomnia Defense

Another judgment that will be rendered in early 2023 is that on this strange case in which a “sexsomnia defense” was pleaded during a trial held in 2022 at the Montreal courthouse. A young woman filed a complaint with the police, alleging that Yannick Giguère had raped her in the middle of the night, during the summer of 2018. The man pleaded not guilty, claiming to remember nothing, since he allegedly suffers from sexsomnia, a form of sexual somnambulism. The case worries women, who fear that the attackers will find there a way to be acquitted of criminal acts.

“Law 21” on appeal

The long-awaited judgment of the Court of Appeal on the legality of “Law 21”, its official name the Law on the secularism of the State, should also be signed in 2023. The legislative measure of the government of François Legault prohibits the wearing of religious symbols by several State employees in the performance of their duties, including teachers in public primary and secondary schools, police officers, judges and Crown prosecutors. It further prescribes that Members must exercise their functions with their faces uncovered. In the first instance, the judge had largely upheld the Act, except for English school boards and elected members of the National Assembly. The Quebec government appealed this judgment, not tolerating that its law be amputated, as well as those who challenged it, the latter wanting it to be abolished in its entirety.

One of the feminicides of 2021

There have been many femicides in 2021 and 2022. Several trials are anticipated for these crimes and that of François Pelletier should be held in 2023: François Pelletier was arrested for the death of Romane Bonnier, a young 24-year-old artist, stabbed in the middle of the street in October 2021, in downtown Montreal. The man is her former roommate, with whom she had had a brief affair. The family of François Pelletier, a now 37-year-old man, have denounced the problems of access to mental health care in Quebec, pointing out that he had tried to obtain help before the murder for which he is accused . The trial will certainly shed more light on this, with the case having the potential to shed light on some aspects of how the healthcare system works.

Blocking of the Louis-Hippolyte-La Fontaine tunnel

On January 9, the trial of five members of the “Farfadaas” group will begin, accused of having blocked tracks in the Louis-Hippolyte-La Fontaine tunnel on March 13, 2021 after a demonstration against health measures for COVID-19. The leader of the anti-mask movement Mario Roy, André Desfossés, Tommy Rioux, Karol Tardif, just like the former leader of the identity group La Meute, Steeve Charland, face charges of conspiracy and mischief of more than $5,000. Mr. Roy believes that he was demonstrating completely legally. This trial could be an opportunity to review the rules surrounding protests — or confirm them.

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