The Supreme Court of Canada has rejected Joshua Gauthier's appeal for permission to challenge his conviction for aggravated assault against fellow soccer player Adam Erickson. Gauthier's lawyer argues the case highlights a flaw in the system where the severity of the injury overshadows the reasonableness of self-defense.
The Supreme Court of Canada has dismissed Joshua Gauthier's application for permission to appeal his conviction for aggravated assault. Gauthier was found guilty in 2022 of striking fellow soccer player Adam Erickson during a recreational league match in 2019, causing a fractured orbital bone and requiring 18 stitches. Gauthier initially received a 12-month house arrest sentence followed by one year of probation.
His lawyer, Don Orazietti, sought leave to appeal the Ontario Court of Appeal's May 2023 decision upholding the conviction and sentence. Orazietti argued that the lower courts focused excessively on the severity of the injury rather than the reasonableness of Gauthier's actions in self-defense. He contends that the law permits the use of reasonable force in self-defense, even if the resulting injury is significant.Orazietti expressed disappointment with the Supreme Court's decision, stating that the court grants permission to appeal in only about 10% of cases. He believes the system failed his client, asserting that Gauthier was wrongly convicted of a serious offense. Orazietti's arguments centered on the justification of self-defense, highlighting that the law should consider the reasonableness of the action taken rather than solely focusing on the severity of the resulting harm
Supreme Court Appeal Assult Soccer Self-Defense Conviction
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