Twelve exhibits were entered into evidence on the first day of the hearing, which included the agreed statement of facts, a binder containing photos from the 1992 shooting, parole board decisions and reports and psychiatric reports. At least one of the reports was more than an inch thick.
“Don’t worry, I’m not going to give you overnight to read all that with a snap quiz tomorrow,” Justice Coady joked with the jurors.
Unlike a traditional criminal trial where the burden of proof lies with the Crown to prove its case beyond a reasonable doubt, in this proceeding the onus is with the defence to call witnesses and submit evidence.
Only one witness was called the to stand to testify on Monday. That was Brian Doucette of South Ohio, who is married to Jacquard’s mother. He described Jacquard as a person who was always happy and a hard worker. But in the six months before the murder took place he said Jacquard was always getting down and was gambling.
“He just wasn’t normal Clayton,” he said. He was quiet and withdrawn.
After being convicted, Jacquard was sent to a maximum-security prison, then transferred to a medium-security prison, and now resides at a minimum-security prison. Doucette testified that in the early years of his sentence Jacquard felt his future was bleak. Now he has plans for his future. If eventually released on parole, he wants to start a new life out west and possible work in the oil sands in Alberta. His lawyer said he has no intention of coming back to Yarmouth.
Asked to describe his relationship with Jacquard, Doucette said, “Clayton is my son, he’s not my stepson, he’s my son.” He talked about how Jacquard, over the years, had surprised he and his mother with special gifts to demonstrate his love for them, and about how he has sent money home at Christmas and birthdays to buy gifts for his nieces and nephews.
When questioned by the Crown, Doucette said his relationship with Jacquard was an open and honest relationship. But when asked if he was aware of Jacquard’s drug use, from the age 15 on, Doucette said he wasn’t. When asked if Jacquard had told him about a physical fight he had had with someone two weeks before the shooting, Doucette said he couldn’t recall.
“Has he told you about the times he’s been in trouble in prison?” asked Crown attorney Mark Heerema. Doucette said he had, but he could not describe any specific example. He also said Jacquard has never specifically talked to him about “that night.”
Jacquard is among those scheduled to testify during his faint hope hearing.
If the jury determines that Jacquard should be allowed to be eligible to ask for parole prior to spending 25 years in prison, it can also decide how much earlier he can seek parole. Ultimately, though, whether or not Jacquard would be granted parole would be a decision left to the National Parole Board.
This court proceeding is open to the public.
