Hearing in September on Whether Quebec Daycare Crash Accused Is High-Risk Offender
A court hearing will take place in September into whether a man who killed two children by driving a city bus into a Montreal-area daycare should be declared a high-risk offender.
Superior Court Justice Éric Downs today set aside one week beginning Sept. 15 to hear arguments from prosecutors and the defence team for Pierre Ny St-Amand.
Last week, the 53-year-old former bus driver was found not criminally responsible after Downs agreed with a joint recommendation from the Crown and defence that the accused was likely in psychosis when he crashed the bus into the daycare on Feb. 8, 2023.
Prosecutors have said they will argue that Ny St-Amand should be declared a high-risk offender, a designation that would ensure he is held under strict conditions at a psychiatric facility.
The defence, meanwhile, has said it will challenge whether the high-risk offender status is constitutional, during a separate hearing that Downs said today will be heard over a week beginning Nov. 15.
Downs told defence lawyers he wanted a response from federal government's lawyers on the high-risk designation, which was included in the Criminal Code in 2014 for people found not criminally responsible for violent crimes.
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Killed in the crash were Jacob Gauthier, 4, and a five-year-old girl named Maëva, whose family name is covered by a publication ban at the request of her parents. Six other children were injured.
The case will return to court on May 27.
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It's for Indigenous students.' That's when, she says, Manji presented her with 'officially issued proof' — the Inuit enrolment card — and told her 'the story.' Manji had lived in Iqaluit in the '90s and had grown close to an Inuit family. That much was true. As her mother explained, when the father became ill with cancer, Manji took care of a daughter. That connection, Manji lied, had made her eligible for Inuit enrolment and, by extension, so were her daughters. Should Archer have questioned things? Maybe. But she says she believed her mother. In the interview, she likened the logic of her mom's explanation to a marriage — it wasn't a blood tie but 'a connection.' (In retrospect, this explanation is nonsense. To qualify, an applicant must both be Inuk according to Inuit customs and identify as an Inuk .) Still, Archer emphasizes that she accepted and embraced the connection she now thought she had — believing in some way that 'I belonged to the Iqaluit community.' 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The Iqaluit RCMP charged both Manji and the twins with defrauding the NTI — the organization tasked with enrolling Inuit children under the Nunavut Land Claims Agreement — in September 2023. As is often the case with fraud, the big lie ended up being trivially easy to disprove. Manji had written on the application forms that Nadya and Amira were the birth daughters of a real Inuk woman named Kitty Noah, and then the application was approved without a shred of proof. (While there's no question her mother 'dug this hole,' Archer asks how the bogus application forms could have been accepted without a birth certificate.) Manji then used the girls' status cards to apply for benefits from Kakivak Association, an organization that, among other things, provides sponsorship funding to help Inuit students from Baffin Island pay for education. 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But that's not what Manji put on the form; NTI soon released a statement that Noah was not the twins' birth mother and asked the RCMP to investigate. Kitty Noah has since died. When she found out she'd been listed on the application, she was 'flabbergasted,' her son later told CBC . Today, Archer says she struggles to make ends meet. She's working part-time at a hockey rink as a community service representative, 'directing people to the lost and found.' A Zamboni driver recently asked about her background. 'How much time do you have?' Archer told him, recalling the exchange. 'No matter what career I try to explore, I don't want this to come back.' She lost friends along with her articling job. In the wake of the case, the Law Society of Ontario initiated an investigation into her status as a lawyer. To practise law in Ontario, applicants for a licence must be of 'good character'; Archer feels she has no choice but to abandon a law career, at least at this point. She says she used to be puzzled when people described being debilitated by stress, but 'now, I really, really do understand. There were months when I wouldn't move or go anywhere.' Last fall, Archer thought she'd found a lifeline and signed a contract to play pro soccer. She felt she had been forthright about her past before signing but, ultimately, the league decided to rescind its approval of the contract. She was devastated. But it was also a 'turning point' — the realization she had to do something to try to clear the air and provide a 'fulsome' picture of the story. 'No matter what career I try to explore, I don't want this to come back.' She's since written a memoir, titling it 'When Life Conspired Against Me.' A summary provided to the Star described the book as an examination of the toll of the public backlash that destroyed her professional reputation. She's 'a victim of online bullying and was crucified in the media, despite not being involved in the fraud,' the summary reads. (The book does not have a publisher.) 'I'm serving a life sentence for a crime I didn't commit,' Archer says in a prepared blurb. 'I was the victim, but that means nothing when the court of public opinion plays both judge and executioner. In their story, I'm the villain, and that's all that matters.' Looking back, Archer says she now knows her mom would have pursued any chance at an advantage. 'She saw, you know, a bureaucratic loophole and she just went for it,' she says. 'Whether it was an Indigenous community or any other community, she would have just gone for it.' Confronting her mom was 'one of the hardest things I've ever had to do,' she told the Star in the days after the interview. Their relationship is messy, she adds. 'She didn't just hurt me, she detonated my life … and yet she's my mom.' She feels a 'heavy, inescapable obligation' to still be there for her mother, but 'supporting her didn't mean forgetting the harm. It didn't mean pretending everything was OK.' Soon after Manji pleaded guilty last year, the Crown withdrew the charges against Nadya and Amira. In response, the then-president of NTI called the withdrawal of charges against the twins 'unacceptable.' The twins 'benefitted from their mother's fraud scheme, and yet their role in the scheme will go unanswered,' Aluki Kotierk told Toronto Life. There's little chance Archer's story will convince anyone who believes she should have known. 'How can they say they didn't know they were not Inuit,' one First Nations advocate wrote on X. To those skeptics, Archer says she never claimed to be Inuk by blood; that was her mom's lie. Still, she hopes the doubters read the judge's words. Karima Manji, who is not Indigenous, pleaded guilty to one count of fraud over $5,000, after her twin daughters used fake Inuit status to receive Karima Manji, who is not Indigenous, pleaded guilty to one count of fraud over $5,000, after her twin daughters used fake Inuit status to receive 'The true victims of Ms. Manji's crime are the Inuit of Nunavut,' Iqaluit judge Mia Manocchio wrote . Manji 'defrauded the Inuit of Nunavut by stealing their identity. She has further victimized the Noah family and the memory of Kitty Noah. This is an egregious example of the exploitation of Indigenous Peoples.' 'Finally,' Manocchio continued, 'Ms. Manji has victimized her own children, her two daughters, whose lives and careers have been severely compromised by her fraud.' Manji is now serving a three-year sentence — a term that, the judge wrote, serves as 'a signal to any future Indigenous pretender that the false appropriation of Indigenous identity in a criminal context will draw a significant penalty.' Manji was also ordered to pay back $28,254 — what remained after she had already reimbursed $130,000. (Not that the 'proven fraudster' deserved any credit for paying back the fruits of her crimes, Manocchio wrote — 'if such were the case, then a fraudster with means could essentially buy their way into a reduced prison term, whereas an impecunious fraudster would serve the longer term.') Reached by phone at a halfway house, where she was in the middle of drywalling, Manji, 60, insisted to the Star that Nadya — she doesn't call her Jordan — was unaware of the scheme. 'I never, ever said a word to Nadya,' she said. 'She trusted me 120 per cent, if you can imagine, when this all started, she was in the States … her whole focus was on soccer.' Manji said she is appalled by the hurt she caused not only to Inuit communities, but to her own children, 'especially Nadya.' (The girls have an older brother.) While serving some of her sentence at Grand Valley Institution for Women in Kitchener, Manji said it would take weeks to read her daughter's letters, because 'I just feel so awful.' Unprompted, Manji offers up an explanation for her actions: She was brought up in a strict, conservative family and believed that if you were a doctor, lawyer or engineer, 'you would do fine in life.' She had an unhappy upbringing and marriage and wanted to make sure her kids didn't go through that. 'If I made sure they were successful in terms of their education and career, that they wouldn't have to have gone through what I've gone through,' she says.
