Statement on the decision for not appealing the Court’s judgment in Gabriel Cyr’s case21 March 2017
FREDERICTON (GNB) – The following statement was issued today by Public Prosecutions Services:
Further to Mr. Justice Larry Landry’s decision rendered on February 23rd acquitting Gabriel Cyr of manslaughter charges in relation to the death Ricky Cyr resulting from events that happened in Edmundston on December 28th, 2014, the Public Prosecutions Services Division of the Office of the Attorney General formed a group of senior Crown Prosecutors in order to determine if an appeal of the Court’s decision was appropriate.
After a careful and thorough examination of Mr. Justice Landry’s decision, Public Prosecutions Services has decided not to appeal the Court’s judgment.
Public Prosecutions Services is of the opinion that the factual conclusions arrived at by Mr. Justice Landry are supported by the evidence received at trial. While the Crown sought a different result arising from the evidence, the verdict of the court is reasonable based on a careful review of the evidence tendered at the trial.
The Criminal Code stipulates (section 676) that the Attorney General can appeal from a lower court decision only if it involves a question of law. Public Prosecutions Services’ conclusion is that the trial judge did not commit any error of law during the trial and that the facts he accepted are supported by the evidence. Accordingly, no appeal is appropriate in this matter.