News Release

FREDERICTON (GNB) – The following statement was released today by Pierre Roussel, director of Public Prosecutions, Office of the Attorney General:

The events that unfolded on Aug. 10, 2018 were tragic. Two innocent civilians and two Fredericton police officers were killed. As a result of those events, Matthew Raymond was tried by a jury of his peers to determine his guilt. Raymond admitted to the shootings. The only issue at his trial was whether he was not criminally responsible on account of a mental disorder that rendered him either incapable of appreciating the nature and quality of his actions or of knowing that his actions were wrong.

As the Supreme Court of Canada has confirmed, the defence of not criminally responsible on account of a mental disorder is of fundamental importance in the Canadian justice system:

The defence of not criminally responsible on account of mental disorder, which parliament codified in section 16 of the Criminal Code, addresses concerns that are very legitimate in a democratic society. Insofar as the principles governing this defence are properly applied, a verdict of not criminally responsible on account of mental disorder protects the integrity of our country's criminal justice system and the collective interest in ensuring respect for its fundamental principles. A review of the fundamental principles of criminal law that underlie the defence of mental disorder confirms the importance of this defence in Canadian criminal law.

R v Bouchard-Lebrun 2011 SCC 58

At his trial, Raymond carried with him the burden of satisfying a jury of his peers that he was not criminally responsible due to the fact that his delusions overrode his ability to understand the nature of his acts and understand that they were wrong. Raymond presented direct, circumstantial and expert evidence in support of his assertion that he was not criminally responsible. In light of the jury’s verdict, the jury accepted that, based on the evidence, Raymond had established that he was not criminally responsible.

Public Prosecutions Service of New Brunswick has conducted a thorough review of the matter for the purposes of considering whether the Crown should appeal the jury’s verdict. In conducting that review, the Crown has kept in mind the fundamental principle set out by the Supreme Court of Canada that a jury’s verdict is not lightly set aside. Further, the Supreme Court of Canada reminds us that putting our trust in juries is not a form of blind faith. It is a reflection of the well-earned trust and confidence that has been built up over centuries of experiences in courtrooms throughout the Commonwealth. In the circumstances of this case, it is not sufficient for the Crown to simply identify an error of law committed at trial. Rather, the Crown must identify an error of law that had a material impact on the jury’s verdict. After a thorough review, Public Prosecutions Service of New Brunswick has made the difficult decision not to appeal the jury’s verdict in that there is no reasonable prospect of success on appeal. While this was undoubtedly an extremely tragic event, the Crown’s office must nonetheless respect the jury’s verdict.

We would remind the public, however, that the verdict of not criminally responsible does not result in the release of Raymond. He is now under the jurisdiction of the New Brunswick Review Board and will continue to be detained indefinitely. The Review Board takes the protection of the public extremely seriously.

The New Brunswick Crown’s office continues to offer its ongoing thoughts and sympathies to all of those affected by the Aug. 10, 2018 tragedy.