A Winnipeg man accused of killing four Indigenous women last year is arguing he should have the right to a trial by judge alone, instead of the jury trial currently scheduled.
Jeremy Skibicki pleaded not guilty to four counts of first-degree murder on the first day of pretrial motions in his case on Monday morning.
Skibicki appeared in a large courtroom packed with family members of the women he’s accused of killing and their supporters.
He’s charged in the deaths of three First Nations women — Marcedes Myran, 26, Morgan Harris, 39, and Rebecca Contois, 24 — and a fourth, unidentified woman who has been given the name Mashkode Bizhiki’ikwe, or Buffalo Woman, by the community.
Police have said they believe that woman was Indigenous and in her 20s.
Skibicki’s trial was automatically slated to be heard before a jury because it involves first-degree murder charges. He instead wants his trial to be heard only by a judge — but making that change requires the consent of the Crown, which has not been granted.
Crown attorney Chris Vanderhooft said there’s a high level of public interest for the case to be decided by a jury.
Alyssa Munce, a lawyer for Skibicki, argued before Manitoba Court of King’s Bench Justice Glenn Joyal that the requirement for Crown consent is arbitrary, and the section of the Criminal Code that includes that requirement is unconstitutional.
Outside court after the proceedings adjourned for the day, defence lawyer Leonard Tailleur said Skibicki’s counsel is arguing an accused should have an unfettered right to choose which kind of trial they want, no matter what they’re charged with.
Tailleur said only a few offences under section 469 of the Criminal Code require the consent of the Crown for an accused to be tried without a jury.
“There’s really no basis for it,” he said. “The accused has a perfect right to re-elect and not be fettered by the Crown, and that’s the problem that we have.”
Charles Murray of Manitoba Justice’s constitutional law branch, who spoke on behalf of the Crown, told Joyal there is no constitutional right to a trial by judge alone.
Should the judge side with the defence on this matter, it could have implications on similar cases, said Chris Gamby, a defence lawyer who is not involved in Skibicki’s case.
“It may mean that in other cases that are before the court, an accused in a similar situation may get the same election notwithstanding whether or not the Crown is consenting,” said Gamby, who is also director of communications with the Criminal Defence Lawyers Association of Manitoba.
Gamby said generally speaking, while a prosecutor would argue for an accused to be tried by a jury of their peers, a defence lawyer may push for a trial by judge alone if the case has had a high profile, as Skibicki’s case has been.
“Is the jury pool tainted? Have they heard too much about this already such that they don’t feel like they can get a fair hearing? Has he been convicted in the court of public opinion? That’s, I think, probably a pretty good reason why somebody might want not want to have one,” he said.
Indigenous traditions in courtroom
Monday’s court proceedings featured several Indigenous traditions. Tobacco tied in red cloth was handed out before people entered the room, and many in attendance wore ribbon skirts or shirts with the women’s faces on them and hugged or leaned on each other for support.
The courtroom was smudged before the pretrial motions began, and there was a coloured tie on each of its walls to signify the four directions.
A red dress with yellow ribbons was placed on a seat in the front row, and a buffalo headdress was placed near where the lawyers were seated to represent the unknown woman, Mashkode Bizhiki’ikwe.
Pretrial motions in the case will continue on Tuesday to determine the admissibility of Skibicki’s police statement, but the details of everything moving forward will be under a publication ban, court heard.
Skibicki’s trial is scheduled to begin at the end of April.
Support is available for anyone affected by details of this case. If you require support, you can contact Ka Ni Kanichihk’s Medicine Bear Counselling, Support and Elder Services at 204-594-6500, ext. 102 or 104 (within Winnipeg), or 1-888-953-5264 (outside Winnipeg).
Support is also available via Manitoba Keewatinowi Okimakanak’s missing and murdered Indigenous women and girls liaison unit at 1-800-442-0488 or 204-677-1648.
