A Quebec court judge in Saguenay has rejected a motion to quash assault charges against Jonathan Roy, son of Canadiens great Patrick Roy.
The younger Roy wanted the criminal proceedings against him to be halted on the grounds that he was unfairly singled out during a highly-publicized brawl in Saguenay in March of 2008.
But Judge Valmont Beaulieu rejected the request for a stay of proceedings on Tuesday morning and the trial will go ahead as planned on Oct. 7.
Television footage showed Roy pummeling an opposing Chicoutimi goalie as his father, who was also his coach, apparently egged him on from the bench.
The Quebec Major Junior Hockey League suspended father and son for several games, and the incident rekindled the debate about violence in hockey.
Roy was later charged with assault.
Defense says rules changed
The younger Roy's lawyers say that just before their client was charged, the Crown changed the directives governing assault charges.
The lawyers say the new rules eliminated the need to prove an alleged victim suffered visible marks as a prerequisite for criminal counts.
Lawyer Steve Magnan feels his client, as the only player charged when several other players were on the ice fighting, has been singled out.
"The way the that the Minister of Justice acts or the DPCP acts was in accordance with the law, and the law was the criminal code so he said there was no breach of the charter of rights protecton against Jonathan Roy."
But Justice Valmont Beaulieu, in a 60 page decision, said that in spite of the change in standards, Roy's Charter rights have not been violated.
