A Winnipeg man accused of killing 4 Indigenous ladies final yr is arguing he ought to have the precise to a trial by choose alone, as an alternative of the jury trial at the moment scheduled.
Jeremy Skibicki pleaded not responsible to 4 counts of first-degree homicide on the primary day of pretrial motions in his case on Monday morning.
Skibicki appeared in a big courtroom full of members of the family of the ladies he’s accused of killing and their supporters.
He’s charged within the deaths of three First Nations ladies — Marcedes Myran, 26, Morgan Harris, 39, and Rebecca Contois, 24 — and a fourth, unidentified girl who has been given the identify Mashkode Bizhiki’ikwe, or Buffalo Lady, by the neighborhood.
Police have mentioned they consider that girl was Indigenous and in her 20s.
Skibicki’s trial was routinely slated to be heard earlier than a jury as a result of it includes first-degree homicide costs. He as an alternative desires his trial to be heard solely by a choose — however making that change requires the consent of the Crown, which has not been granted.
Crown lawyer Chris Vanderhooft mentioned there’s a excessive degree of public curiosity for the case to be determined by a jury.
Alyssa Munce, a lawyer for Skibicki, argued earlier than Manitoba Courtroom of King’s Bench Justice Glenn Joyal that the requirement for Crown consent is bigoted, and the part of the Felony Code that features that requirement is unconstitutional.
Exterior courtroom after the proceedings adjourned for the day, defence lawyer Leonard Tailleur mentioned Skibicki’s counsel is arguing an accused ought to have an unfettered proper to decide on which form of trial they need, it doesn’t matter what they’re charged with.
Tailleur mentioned only some offences below part 469 of the Felony Code require the consent of the Crown for an accused to be tried with no jury.
“There’s actually no foundation for it,” he mentioned. “The accused has an ideal proper to re-elect and never be fettered by the Crown, and that’s the issue that we have now.”
Charles Murray of Manitoba Justice’s constitutional regulation department, who spoke on behalf of the Crown, informed Joyal there is no such thing as a constitutional proper to a trial by choose alone.
Ought to the choose facet with the defence on this matter, it might have implications on related instances, mentioned Chris Gamby, a defence lawyer who shouldn’t be concerned in Skibicki’s case.
“It could imply that in different instances which can be earlier than the courtroom, an accused in an identical state of affairs could get the identical election however whether or not or not the Crown is consenting,” mentioned Gamby, who can also be director of communications with the Felony Defence Attorneys Affiliation of Manitoba.
Gamby mentioned usually talking, whereas a prosecutor would argue for an accused to be tried by a jury of their friends, a defence lawyer could push for a trial by choose alone if the case has had a excessive profile, as Skibicki’s case has been.
“Is the jury pool tainted? Have they heard an excessive amount of about this already such that they don’t really feel like they’ll get a good listening to? Has he been convicted within the courtroom of public opinion? That’s, I feel, most likely a reasonably good motive why any person would possibly need not wish to have one,” he mentioned.
Indigenous traditions in courtroom
Monday’s courtroom proceedings featured a number of Indigenous traditions. Tobacco tied in pink material was handed out earlier than folks entered the room, and plenty of in attendance wore ribbon skirts or shirts with the ladies’s faces on them and hugged or leaned on one another for assist.
The courtroom was smudged earlier than the pretrial motions started, and there was a colored tie on every of its partitions to suggest the 4 instructions.
A pink gown with yellow ribbons was positioned on a seat within the entrance row, and a buffalo headdress was positioned close to the place the legal professionals had been seated to signify the unknown girl, Mashkode Bizhiki’ikwe.
Pretrial motions within the case will proceed on Tuesday to find out the admissibility of Skibicki’s police assertion, however the particulars of all the things transferring ahead might be below a publication ban, courtroom heard.
Skibicki’s trial is scheduled to start on the finish of April.
Assist is accessible for anybody affected by particulars of this case. When you require assist, you may contact Ka Ni Kanichihk’s Medication Bear Counselling, Assist and Elder Providers at 204-594-6500, ext. 102 or 104 (inside Winnipeg), or 1-888-953-5264 (exterior Winnipeg).
Assist can also be out there through Manitoba Keewatinowi Okimakanak’s lacking and murdered Indigenous ladies and women liaison unit at 1-800-442-0488 or 204-677-1648.