The attack left 10 dead and 16 injured in Toronto in 2018; a pedestrian succumbed to his injuries three and a half years later.
Police officers at the scene of the tragedy shortly after the ramming truck attack on April 23, 2018.
In Toronto, Alek Minassian's defense filed an appeal this week in Ontario's highest court to challenge his client's guilty verdict and sentencing. The individual was sentenced to life last June without the right to parole for 25 years.
In an email, Alek Minassian's lawyer, Boris Bytensky declined to comment, but a notice of appeal, of which Radio-Canada obtained a copy, confirms his intention to appeal.
Toronto ram truck attacker found guilty
According to the document, Me Bytensky explains that the trial judge erred in law – or in fact and in law – regarding the interviews between the clinical experts and her client, which had been carried out in detention.
The defense points out that the recorded interviews were not reviewed by defense experts for trial and that the judge should have ordered that the recordings be disclosed to the court. #x27;respondent before the start of hearings.
Alek Minassian's lawyer, Boris Bytensky
According to Mr. Bytensky, the trial judge [moreover] misinterpreted the testimony of a defense expert who was available to her and made unreasonable conclusions by accepting said testimony before refusing to declare the case. ;respondent not criminally responsible for his actions.
He therefore asks the Court of Appeal to appeal and quash the guilty verdict to replace it with a verdict of not criminally responsible. In case of refusal, he enjoins him to order the holding of a new trial.
The mental health of the defendant was at the center of the trial which was held online during the winter of 2020-2021 in Toronto.
In its verdict delivered on 3 March 2021, Ontario Superior Court Judge Anne Molloy ruled that Alek Minassian was well and truly sane at the time of the attack, as the ;advanced the Crown.
However, the magistrate had not believed that the murderer belonged to the group of Incels, those misogynistic and sexually frustrated men who attack to women because of their condition.
Judge Anne Molloy had read her judgment live on YouTube during the pandemic.
At the time, Mr. Bytensky claimed that his client should not be held criminally responsible for his actions because he has had autism since the age of five.
The expert he called to the stand said that there are cases of autism related to insanity.
This position had sparked controversy among groups of parents of autistic children and organizations that help them.
Crown Attorney John Rinaldi at Alek's trial Minassian
The Crown had on the contrary argued that Alek Minassian had failed the test of not criminally responsible and that he did not meet the criteria in the meaning of the Canadian Criminal Code.
The judge agreed with him by brushing aside the thesis that the defense was not criminally responsible.
Rendered in the spring, the recent judgment of the Supreme Court of Canada on the constitutionality of consecutive sentences did not allow the Crown to seek a punishment more severe than a 25-year sentence.
The sentencing hearing for Alek Minassian had been delayed due to the hearing of the case of Alexandre Bissonnette, the Quebec mosque killer, before the highest country court.
In November 2020, Alek Minassian attended his trial from the Toronto South Detention Center , pandemic obliges.
In her sentence, Judge Molloy said her hands were tied by the Bissonnette ruling. She also said she understood those who were demanding justice by demanding a harsher sentence against Alek Minassian. x27;Alek Minassian would be released from prison in 25 years but was only allowed to apply for parole in 24 years (remove the year since the guilty verdict , editor's note).
Vivid emotions at the hearing on Alek Minassian's sentencing
She explained that ;it will be up to the Parole Board of Canada to decide whether or not to release him.
Alek Minassian began his sentence at Millhaven Penitentiary, near Kingston.