The jury trial of a man accused of killing four women in Winnipeg will now instead be heard by a judge alone, a change that comes after Jeremy Skibicki’s lawyers said he admits to killing the women but will ask to be found not criminally responsible.
The Crown says that given it no longer has to prove Skibicki, 37, caused the women’s deaths, prosecutors are now willing to proceed with a judge-alone trial — something they had previously strongly opposed.
Crown attorney Christian Vanderhooft revealed the update in court on Monday morning, saying the shift in their position came after lawyers for Skibicki said for the first time last week they planned to admit their client unlawfully killed all four women in 2022, but argue he was not criminally responsible due to mental disorder.
Skibicki has pleaded not guilty to four counts of first-degree murder in the deaths of three First Nations women — Morgan Harris, 39, Marcedes Myran, 26, and Rebecca Contois, 24 — and a fourth, unidentified woman, who has been given the name Mashkode Bizhiki’ikwe, or Buffalo Woman, by community members.
Vanderhooft said prosecutors will now focus on proving Skibicki was criminally responsible for the women’s deaths, and have concluded that “proceeding by judge alone will provide the best route to making sure this matter proceeds with the necessary flexibility required — a type of flexibility that isn’t always easy to achieve in a jury trial.”
“Our decision today to proceed by judge alone is not a reflection of our faith in the jury system or a comment on the propriety of judicial independence, or any lack of respect for either mode of trial,” he said.
“Rather, it is a consequence of the Crown’s role at all times to continually assess our case and make sure a trial can proceed and conclude in a timely way.”
Defence previously tried to toss jury
Defence confirmed on Wednesday last week that they planned to argue a defence of not criminally responsible, as they made submissions on a motion to toss the jury scheduled to hear Skibicki’s case.
That motion was their second attempt to have the case heard by a judge alone, after Court of King’s Bench Chief Justice Glenn Joyal rejected a similar request earlier this year.
Both defence motions were filed as the Crown refused to provide their consent to have the case heard by a judge instead of a jury — consent that’s required on certain charges in Canada, including murder.
Vanderhooft said Monday the Crown often consents to judge-alone trials in cases where a person is arguing they were not criminally responsible, when they’re advised of that plan early on in the case.
He said Skibicki’s defence first advised the Crown they planned to call expert evidence related to the issue of whether the accused is criminally responsible on March 14, and provided prosecutors with a copy of an expert opinion from the defence last Thursday evening.
By then, he said the Crown had already found their own expert to testify for rebuttal on the issue if needed, in anticipation the defence might make such an argument.
Prosecutors were expected to make arguments Monday morning on a motion to admit similar fact evidence in Skibicki’s trial.
But those submissions were no longer needed after Crown and defence agreed the evidence would be admissible, Vanderhooft said, adding prosecutors plan to use it to establish intent and mental capacity in the case.
Police initially arrested Skibicki roughly two years ago, after partial human remains later identified as Contois’s were found in a garbage bin near a Winnipeg apartment building in mid-May 2022. The following month, police recovered more of her remains from the Brady Road landfill in south Winnipeg.
Police said their investigation determined the three other women were killed between March and May 2022 — before Contois died. Police said they believe Myran’s and Harris’s remains are in the Prairie Green landfill north of Winnipeg.
They have said they believe Mashkode Bizhiki’ikwe was Indigenous and in her mid-20s, but the location of her remains is unknown. The three victims whose identities are known were First Nations women.
The case is scheduled to be back in court on Wednesday morning, when the judge said he plans to call the jury in as scheduled to formally discharge them before the trial begins.