Montreal transit assaults: Case raises difficult questions as sentencing looms

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During a two-week span in early 2023, the Montreal police started receiving similar reports from across the city’s public transit network: A man was assaulting commuters at random, fleeing the scene each time.

One victim was punched in the face while taking a bus. Another was choked after exchanging glances with a man on the métro. Another still was hit over the head with a bottle and had his wallet stolen while recharging his Opus card.

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Police put together images from security cameras and testimony from the victims  —  six in all, each requiring hospital care  —  and were able to identify a suspect whom officers had recently stopped for jumping the turnstiles at the Villa-Maria métro station.

After pleading guilty to 11 charges, George Test, 30, is now scheduled to be sentenced at the Montreal courthouse on Thursday. But while they differ on what the appropriate sentence should be, both the Crown and defence agree the case raises difficult questions.

“What do we do with mental health issues that are still not recognized by Mr. Test and not treated?” Crown prosecutor Antonio Parapuf said during sentencing arguments in June. “That’s the main issue in this case.”

At the time of the first assault, Test had been unhoused for about a week after falling out with his parents. He was splitting his time between an apartment building’s laundry room and the métro system, where he wandered the network, drank and panhandled.

According to reports prepared for his sentencing, Test underwent psychiatric evaluations in 2021 after his family began noticing worrisome behaviour, including paranoia and the belief he was hearing voices.

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But in interviews with experts for the reports, Test steadfastly refused to acknowledge having any mental health issues. He also refused to undergo a psychiatric assessment for a potential “not criminally responsible” defence, firing his first lawyer over the issue.

Though he admitted to the assaults, Test showed little remorse and stuck to his story that each of the victims had provoked him in some way: by bumping into him, glancing at him or passing in front of him, for example.

“Despite his violent behaviour,” a probation officer wrote of Test, “he considers that he has no issues, whether in terms of mental health, aggression or consumption.”

A psychologist who evaluated Test for sentencing purposes concluded he has an “unspecified psychotic disorder” coupled with mixed personality disorder.

Several of the six victims in the case were struck or pushed hard enough to require taking time off work to heal from their injuries, be they concussions, broken teeth or head wounds.

Two submitted statements to the court detailing the repercussions of the assaults. They explained how they are no longer comfortable using public transit, find themselves fearful of strangers and are now hyper-aware of their surroundings at all times.

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“I was constantly thinking about the accused, and whether I would meet him in public transit (again),” one victim wrote of the days after he was assaulted. “If we would have bumped into one another, how would he react?”

“Since the attack, I am demoralized and unable to concentrate at work,” wrote the other victim, noting he still suffers from frequent headaches. “I feel so empty, with constant stress and anxiety.”

During sentencing arguments, the Crown put forward that, despite the questions surrounding Test’s mental state, the judge needs to send a clear message to Test and society with his sentence.

“This series of assaults had very important consequences for the victims and should be strongly denounced,” Parapuf argued, suggesting Test serve an additional two-year prison term followed by a three-year probation period.

The defence, for its part, suggested Test be sentenced to the time he has already served since being arrested in February 2023, in addition to a three-year probation period.

Defence lawyer Émilie Guilmain-Serdakowski argued the assaults all took place over a short period of disorganization on Test’s behalf, and pointed to how his guilty plea saved victims the trouble of a long, difficult trial.

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“The question I ask myself, your honour, is whether this individual will be able to make adequate progress and receive the help he needs in detention,” Guilmain-Serdakowski argued.

“If we focus on social reintegration, by working on the psychiatric and supervision aspects,” she added, “we might have a better chance of avoiding that (Test) … finds himself before the courts again for similar infractions, or something even worse.”

At the end of the hearing, Quebec Court Judge Pierre Labelle, presiding over the case, informed Test he would deliver his sentence this month and explained the two suggestions from the Crown and defence.

It wasn’t clear if Test understood. “Honestly, I will accept the Crown’s suggestion right now. I will accept to do two more years by my own decision,” he said before Labelle interjected.

“I understand what you’re saying,” the judge said. “But I will reflect on all of this, in order to protect you from yourself, and come to the most just decision.”

jfeith@postmedia.com

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