The former cardiologist’s defence is asking the Supreme Court to overturn the Quebec Court of Appeal November decision to have him retried.
Olivier, 5, and Anne-Sophie, 3, were stabbed to death in Turcotte’s home in Piedmont, Que., about 60 kilometres northwest of Montreal.
Though he admitted to killing his children, Turcotte was found not criminally responsible for reason of mental disorder by a jury and was committed to Montreal psychiatric hospital the Pinel Institute.
He was released 18 months later.
In Sept. 2013, the Crown appealed the 2011 jury decision, asking for it to be annulled and for a new trial to be ordered.
The prosecutor argued that the judge in the first trial should have never even given the jury the option of finding Turcotte not criminally responsible.
The Quebec Court of Appeal agreed, and ruled in November that Turcotte would stand trial again for first-degree murder.
Turcotte turned himself in to police shortly after the ruling and has been detained at the Pinel Institute since his arrest.
At the time of the new trial order, Turcotte’s ex-wife Isabelle Gaston said, “A part of me is happy — we can’t help but rejoice [at] this news. But at the same time, a part of me is sad. I have the impression that I [won’t] have to live all those uncertainties, that distress and hopelessness that I experienced with the [not-criminally-responsible] verdict on July 5. But for me, it’s a first step in fixing a judicial mistake that is appalling.”
Gaston testified at a parliamentary committee in June 2013 to reform Bill C-54, or Not Criminally Responsible Reform Act. A transcript of her testimony can be read here.
The bill has not been passed into law.