New Brunswick

3 youths accused of fatal attack on man in Fredericton Tannery area head to jury trial

The identities of the youths charged with manslaughter after the death of André Bourgeois are protected by a publication ban under the Youth Criminal Justice Act.

André Bourgeois of Grand-Digue died last September after assault in capital's downtown

A justice building with a sign next to it
Three youths are accused of manslaughter in the death of 41-year-old André Bourgeois in Fredericton last September and have chosen a jury trial. (Jacques Poitras/CBC)

The case of three youths accused of manslaughter in the death of a man outside a Fredericton bar last fall will proceed to a jury trial.

The identities of the three co-accused are protected by a publication ban under the Youth Criminal Justice Act.

The youths were charged after the death of André Bourgeois, 41, of Grande-Digue, on Sept. 27, a few days after what police described as a "serious assault" in the Fredericton bar district known as the Tannery.

Crown prosecutor Patricia Gillett presented evidence this week before provincial court Judge Claude Haché at a preliminary hearing in Fredericton. The evidence is protected by a publication ban to prevent tainting a future jury trial.

WATCH | 3 youths in Tannery manslaughter case to get jury trial

After the hearing, Haché said the case would proceed to trial, since defence lawyers T.J. Burke, Adrian Forsythe and Michael Mallory signed a consent committal, which means they did not object to the matter continuing to trial.

The youths — two 17 years old at the time of the alleged attack and one 16 years old — have chosen to be tried by judge and jury. The three are not in custody and were ordered to return to court on Sep. 2 for a motions day, when dates for their trial might be set. 

Also charged with manslaughter in the case is Tyler Totten, who was 18 at the time Bourgeois died. 

The preliminary hearing for Totten, who is represented by lawyer Brian Munro, is underway and scheduled to wrap up before Judge Lynne Raymond on Aug. 27 and 28. 

The Crown told the court on Nov. 20 that it would seek adult sentences for all three youths if they're convicted.

One of the youths is also charged with assaulting another man in connection with the incident. A trial has been scheduled for Aug. 29 in that case.