NUNAVUT
The case of a 2007 triple-slaying in Cambridge Bay is headed to the Supreme Court of Canada since Crown prosecutors are appealing a decision to award the case a retrial.
The Nunavut Court of Appeal had ruled in late January a new trial should be held for Chris Bishop, who had been convicted of three counts of murder and two of attempted murder in 2010 by a jury. He was sentenced to life in prison with no eligibility of parole for 16
years in August 2010.
Bishop's defence lawyer, Toronto-based James Morton, said he received the notice of appeal on Feb. 27.
"When they say they're appealing as of right, what they are saying is they believe the judges erred in allowing the appeal and the trial conviction should stand," he said.
Daniel Brien, a spokesman for the Public Prosecution Service of Canada, confirmed the appeal was filed as a matter of right.
"The Crown believes the conviction should stand," he said.
The full details of the appeal of the retrial will be known when the Crown delivers its written argument, something Morton said is many months away.
"I was hopeful they would not appeal it because it would be good to get the retrial out of the way and deal with it but I'm not surprised they're appealing," said Morton.
Two of the three judges hearing the appeal last year were in favour of granting a new trial while one was against it. Because the appeal decision was not unanimous, the case can be brought to the Supreme Court of Canada, said Morton.
