OTTAWA – A Quebec man who murdered his brother and tried to kill his parents will be getting a new trial.
The Supreme Court will not hear arguments from the Crown, which wanted to appeal a lower-court judgment ordering the new trial for Tobby Carrier.
Carrier was found guilty of first-degree murder in the March 2009 stabbing death of his brother, Ismael.
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He was also convicted of attempting to murder his parents, who survived their wounds.
Carrier, who was 19 at the time of the attacks, was sentenced to life imprisonment with a minimum of 14 years detention before being allowed to apply for parole.
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His lawyer appealed the ruling and said the trial judge should have mentioned his client’s mental distress when he gave his instructions to the jury.
The Quebec Court of Appeal agreed and ordered a new trial for the Matane native.
The Supreme Court’s refusal to hear the case means the trial will proceed.
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