11/10/2014 05:00 EST | Updated 01/09/2015 05:59 EST

Guy Turcotte's conditional release challenged by Crown

Guy Turcotte, the former Quebec cardiologist who admitted to killing his two young children in 2009, could be back behind bars soon if the Crown is able to successfully argue its case against his conditional release in court Monday.

Turcotte has been free while awaiting his second trial for the killings of Olivier, 5, and Anne-Sophie, 3, after being found not criminally responsible by reason of mental illness during his first trial, in 2011.

In September, the Crown was stunned when a judge granted Turcotte a conditional release in September. Turcotte has been living at his uncle's home on the South Shore.

"Of course this is not the conclusion that the Crown expected," said Crown prosecutor René Verret at the time. He said he feared the judgment could undermine the public’s faith in the justice system.

Patrick Gaston, the uncle of Turcotte's children with Isabelle Gaston, expressed his anger when Turcotte was granted conditional release.

“Guy Turcotte will always be a sadistic manipulator,” Gaston said in September.

Rearrested in 2013

Turcotte admitted to killing his children during his trial in 2011. A jury found him not criminally responsible because of a mental disorder.

Turcotte then spent 18 months at a Montreal psychiatric hospital, the Pinel Institute.

He was released from the institute in December 2012, but was rearrested in fall 2013 after the Crown appealed the jury decision and won a new trial.

Now the Crown is appealing Judge André Vincent’s decision to release Turcotte conditionally. The conditions imposed included a curfew and living with his uncle.

It is asking for Turcotte to be remanded into custody until the start of his new trial in 2015.

This type of appeal is usually heard by a panel of three judges.