Cop convicted of assaulting Dafonte Miller denied bail while applying to top court
An off-duty police officer convicted of brutally assaulting a young Black man has been denied bail as he seeks to bring his case before Canada's top court.
Const. Michael Theriault had asked to be released from custody while he applies for leave to appeal his conviction and nine-month sentence with the Supreme Court of Canada.
In a ruling released today, the Court of Appeal for Ontario rejected his request, saying the grounds of Theriault's application to the higher court “have little chance of success.”
The court also says it is in the public interest to keep Theriault detained, even though he may serve much of his sentence before the Supreme Court decides whether to hear his appeal.
Theriault was convicted last year of assault in the December 2016 beating of Dafonte Miller.
He and his brother Christian were acquitted on the more serious charge of aggravated assault and on one count of obstruction of justice.
Earlier this month, the appeal court rejected appeals filed by both Theriault's lawyers and prosecutors.
The Crown had appealed the acquittals of Theriault and his brother but said it would proceed with a new trial only if his assault conviction was overturned.
The appeal panel found the trial judge had made no legal errors and dismissed the defence appeal. It also threw out the Crown's appeal without considering its merits given its stance on a retrial.
During trial, prosecutors alleged Theriault and his brother chased Miller in the early hours of the morning and beat him with a metal pipe, leaving him with a ruptured eye and other injuries.
The defence, meanwhile, arguing the brothers acted in self-defence while trying to arrest Miller, who they said had been breaking into the family truck.
The case spurred multiple protests against anti-Black racism and police discrimination.
This report by The Canadian Press was first published July 30, 2021.
CTVNews.ca Top Stories
DEVELOPING Live updates as Stormy Daniels testifies at Trump hush money trial
Adult film star Stormy Daniels will take the stand a second time Thursday as former U.S. president Donald Trump’s hush money case continues in Manhattan. Follow live updates here.
NEW From yearning for a change to cost of living, why some Canadians have left or may leave the country
For some immigrants, their dreams of permanently settling in Canada have taken an unexpected twist.
Here are the ultraprocessed foods you most need to avoid, according to a 30-year study
Studies have shown that ultraprocessed foods can have a detrimental impact on health. But 30 years of research show they don’t all have the same impact.
NEW Capital gains tax change 'shortsighted' and 'sows division' business groups tell Freeland
Forging ahead with increasing Canada's capital gains inclusion rate 'sows division,' and is a 'shortsighted' way to improve the deficit, business groups are warning Finance Minister Chrystia Freeland.
Ontario man frustrated after $3,500 paving job leaves driveway in shambles
An Ontario man considering having his driveway paved received a quote from a company for $7,000, but then, another paver in the neighbourhood knocked on his door and offered half that rate.
Defence attacks Stormy Daniels' credibility as she returns to the stand in Trump's hush money trial
Stormy Daniels will return to the witness stand Thursday in Donald Trump's hush money trial as the defence tries to undermine the credibility of the porn actor's salacious testimony about their alleged sexual encounter and the money she was paid to keep quiet.
With contactless screening tech, this Toronto startup hopes to catch breast cancer early — and save lives
Amid evidence of rising breast cancer rates among young women in Canada, one Toronto startup is offering a contactless and radiation-free device that can help doctors identify suspicious changes in breast tissue. The company, Linda Lifetech, says this can lead to earlier detection of breast cancer.
Tornadoes tear through southeastern U.S. as storms leave 3 dead
Forecasters warned a wave of dangerous storms in the U.S. could wash over parts of the South early Thursday, a day after severe weather with damaging tornadoes and large hail killed at least three people in the region.
Police handcuff man trying to enter Drake's Toronto mansion
Toronto police say a man was taken into custody outside Drake's Bridle Path mansion Wednesday afternoon after he tried to gain access to the residence.