MONTREAL -- Quebec's highest court has agreed to hear the Crown's case against the decision to grant bail to a former doctor facing murder charges in the killing of his two children.
Guy Turcotte was granted bail in September pending a new trial in September 2015 on two counts of first-degree murder.
The three Quebec Court of Appeal justices will begin reviewing the bail decision on Nov. 10.
In granting bail, Superior Court Justice Andre Vincent said Turcotte does not represent a danger to society and is entitled to the presumption of innocence as he awaits the new proceedings.
In making its request Thursday, the Crown argued that Justice Vincent erred in his interpretation and assessment of the requirement that Turcotte’s release should not undermine public’s confidence in the justice system.
The prosecutor said the judge assessed the public trust as if it were composed of lawyers well-versed in the law, rather than “reasonable people.”
He also argued that there is a hole in the jurisprudence when it comes to motioning for someone’s release and the public confidence, which should be clarified by the Court of Appeal.
Justice Nicole Duval Hesler said his arguments had a reasonable basis.
Turcotte's lawyers would not comment on the decision.
Turcotte is charged in the stabbing deaths of his five-year-old son and three-year-old daughter at a rented family home north of Montreal in early 2009.
