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
MPs 'wittingly' took part in foreign interference: national security committee
Some MPs began 'wittingly assisting' foreign state actors soon after their election, says a report released Monday, including sending confidential information to Indian officials.
More Canadians are moving to the U.S. Here's one of the main reasons, according to an immigration expert
Recent data from the U.S. census revealed that more than 126,000 people moved from Canada to the U.S. in 2022. An expert said that one of the main reasons for this move is the cost of living.
Bus carrying Quebec tourists crashes in Cuba, leaving 1 dead and 26 injured
One person is dead and 26 were injured after a bus carrying Quebec tourists was involved in a collision in Cuba on Sunday.
Her gut was producing alcohol. Doctors didn't believe her
For two years doctors told her she was an alcoholic. Then they realized her gut was making alcohol from carbohydrates, a rare condition called auto-brewery syndrome.
Here's how far B.C. drivers must keep from cyclists, pedestrians under new law
A new law protecting cyclists and pedestrians in British Columbia takes effect Monday, establishing minimum distances that drivers must keep from so-called vulnerable road users.
Forest bathing: What it is and why some Alberta doctors recommend it
Many people are familiar with the benefits of being in nature, but forest therapy goes a step further than a simple walk in the woods.
Poilievre says same-sex marriage 'will remain legal when I am prime minister, full stop'
Facing scrutiny over comments one of his MPs made, Conservative Leader Pierre Poilievre says if he become prime minister, he will uphold same sex marriage rights, 'full stop.'
Toyota apologizes for cheating on vehicle testing and halts production of three models
Toyota Chairman Akio Toyoda apologized Monday for massive cheating on certification tests for seven vehicle models as the automaker suspended production of three of them.
OPINION We used to be part of Trump’s press team. That’s why we can see through his post-conviction spin
In a political season when many Americans have chosen to tune out the news, tens of millions of people turned to cable and broadcast TV to learn about former President Donald Trump’s fate following his historic criminal trial.