‘High-risk’ offender hearing for Laval bus driver that drove into daycare

It was the second day of the hearing to determine if ‘high-risk’ offender status should be applied to the 53-year-old Quebec man found not criminally responsible for killing two children and injuring six others when driving a Laval city bus into a daycare in February 2023.

Earlier this year, it was concluded by psychiatrists that Pierre Ny St-Amand was likely experiencing psychosis at the time of the fatal bus crash and, therefore, was unable to determine right from wrong at the time of this incident.

At the Laval courthouse on Tuesday morning, Alexandre Hudon, a psychiatrist for the Philippe Pinel Institute, testified and explained that Ny St-Amand has a greater than 50 per cent chance of falling into a similar state of psychosis as in 2023 in the next five years, notably if he were to experience stressors similar to two years ago.

Hudon concluded that Ny St-Amand presents a moderate risk of violence.

“The agenda is to finish the testimony of Dr. Hudon that will be the crown’s evidence. And then the defence has announced that it will present an expert, a psychologist, Dr. Vaillancourt. So we will hear from him after. And then it should be a final representation on the Crown’s motion,” said Simon Blais, the Crown prosecutor.

‘High-risk’ offender status for an accused found not criminally responsible means that they would remain under more strict conditions at a psychiatric facility, especially concerning absences.

The defense lawyers for Ny St-Amand will be challenging the constitutionality of this status in court in November on the basis that it is discriminatory. 

“Some form of supervision is justified. But indefinite and final supervision is not. So equality rights and Section 7 rights, life, liberty, and security of the person,” said Julius Grey, a Montreal lawyer.

“I have great sympathy, not necessarily for saying that such a status shouldn’t exist at all, but that it should have a very clear and not impossible mechanism to revoke it.”  

Adding, “I think there’s an issue of equality rights. They’re being treated differently than other people. After all, they’re not criminally responsible. 

The current hearing to determine if Ny St-Amand should be declared a ‘high-risk’ offender is scheduled to end this week.

“In this particular case, the judge already announced that it is very probable that he will be taking this case in to think about it,” said Blais. “And because there is also the constitutionality issue, I believe the judge will want to render judgment on both issues at the same time.”