Quebec's Court of Appeal overturned the verdict of Guy Turcotte of Saint-Jerome, who had been found not criminally responsible due to a mental disorder and said he should be tried on first-degree murder charges, the Canadian Broadcasting Corp. reported.
Turcotte could appeal to Canada's Supreme Court, which could reinstate the trial jury's non-conviction verdict, the CBC said. He was found not criminally responsible in 2011 after admitting he killed his children, Anne-Sophie, 3, and Olivier, 5, in 2009.
Prosecutors appealed the jurors' finding, arguing they should have never given the option of finding the doctor not criminally responsible.
The three-judge appellate panel determined the jury was not properly instructed about Turcotte's state of mind and the question of self-intoxication.
Turcotte spent almost four years in Montreal's Pinel Psychiatric Institute before being released last December over the objections of his ex-wife, Isabelle Gaston.