Supreme Court supports new trial for Chan
Man who killed his father, Dr. Andrew Chan, can use magic mushrooms defence after Crown’s appeal rejected
The Supreme Court of Canada has upheld the Ontario Court of Appeal’s decision that Section 33.1 of the Criminal Code is unconstitutional and Thomas Chan will have a second trial.
The Supreme Court released its decision Friday after an unanimous decision by a panel of nine judges that heard the Crown’s appeal on Oct. 12.
Chan’s counsel, Danielle Robitaille and Matthew Gourlay, issued a statement saying that Chan is grateful to the Supreme Court for recognizing the defence of extreme intoxication and giving him the opportunity to defend himself again at a second trial.
“Thomas knows that this legal saga is not over for him. Of course, the pain and horror of that night will always be with him. Thomas wants nothing more than healing and harmony for himself, his family, and all those affected by that night. He hopes one day to have that,” the statement reads.
“As Thomas’ counsel, we are looking forward to engaging with Peterborough Crown attorney’s office who will assess the prospect of a retrial in light of the court’s decision.”
On Dec. 28, 2015, Chan, then 19, consumed magic mushrooms before experiencing hallucinations and stabbing his father, Dr. Andrew Chan, to death in Peterborough and severely injuring Dr. Chan’s lifepartner, Lynn Witteveen.
In March 2019, Chan was sentenced to five years in prison for the stabbing death of his father, and near deadly attack on Witteveen. However, the Ontario Court of Appeal set aside Chan’s manslaughter and aggravated assault
“The pain and horror of that night will always be with him.
LAWYERS FOR THOMAS CHAN
convictions and granted him a new trial after they found Section 33.1 of the Criminal Code unconstitutionally deprived Chan access to the non-mental 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 Supreme Court granted counsel leave to appeal the decision.
On Friday, the Supreme Court ruled that Section 33.1 violates Section 7 of the Charter of Rights of Freedoms.
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.
Chan remains out of custody on bail conditions and will return to court later this year.