Man who drove bus into Quebec daycare seeks to overturn high-risk status | CBC News
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The man found not criminally responsible for driving a city bus into a Quebec daycare, killing two children and injuring six others, is appealing his “high-risk accused” designation.
Pierre Ny St-Amand was designated a high-risk accused last March following a ruling by Superior Court Justice Éric Downs. His lawyers are challenging the designation, arguing it is inhumane and discriminatory.
They are also challenging whether the high-risk accused regime set out in the Criminal Code is constitutional.
The designation allows for stricter detention conditions for individuals found not criminally responsible on account of mental disorder.
The Crown can seek the designation in cases where an individual is considered at high risk of violence, or where the offence is deemed so brutal that it suggests a continued risk to public safety.
In St-Amand’s case, the Superior Court upheld the designation, citing both the “brutal” nature of the 2023 offence in Laval and a “marked likelihood” of reoffending.
The defence, however, argues the designation violates protections against cruel and unusual treatment or punishment, as well as rights to equality and liberty.
They also say it is overly broad for individuals found not criminally responsible due to mental disorder, because it requires strict detention in a psychiatric hospital.
The lawyers further argue the designation prevents the mental disorder review board from implementing a gradual reintegration plan, effectively placing the accused before an “insurmountable gulf” by eliminating any realistic path back to society.
St-Amand has been held at the Montreal psychiatric institute, Institut national de psychiatrie légale Philippe-Pinel, since the 2023 incident. His release would require approval from the Commission d’examen des troubles mentaux, which must determine he no longer poses a risk to the public.
Even if that threshold is met, the Superior Court must also approve any release.
Victims’ families previously described the high-risk designation as a small victory, despite the earlier finding of not criminally responsible in 2025.