Supreme Court set to decide Chan’s future
Canada’s top court is expected to release a decision later this week on the constitutionality of a non-mental disorder automatism defence.
On Tuesday, the Supreme Court of Canada confirmed that the deputy executive legal officer of the court in Ottawa will give a briefing to reporters on the judgment on Friday.
The ruling will determine whether Thomas Chan is granted a new trial or has his manslaughter and aggravated assault convictions upheld.
The Supreme Court could also acquit Chan outright.
On Dec. 28, 2015, Chan consumed magic mushrooms before experiencing hallucinations and stabbing his father, Dr. Andrew Chan, to death in Peterborough and severely injuring Dr. Chan’s life-partner, Lynn Witteveen.
In March 2019, Chan was sentenced to five years in prison for the stabbing death of his father and the near deadly attack on Witteveen.
However, the Ontario Court of Appeal set aside Chan’s manslaughter and aggravated assault convictions and granted him a new trial after they found Section 33.1 of the Criminal Code unconstitutionally deprived Chan access to the nonmental disorder automatism defence.
Following the Ontario Court of Appeal’s decision, the prosecution sought leave to appeal to Canada’s top court.
In December 2020, the SCC granted counsel leave to appeal the decision.
According to court documents, Chan still stands charged with second-degree murder and attempted murder. However, at the conclusion of his first trial, the Crown conceded it couldn’t prove Chan’s certain intent or purpose to kill his father and attempt to kill Witteveen.
The decision is expected to be released at 9:15 a.m.