Man fatally shot in Saskatchewan was looking for help with flat tire: cousin


Locutus
#31
the story is way too dodgy at this point.

cjme.com/article/798687/man-s...fatal-shooting (external - login to view)

cjme.com/article/797628/victi...ooting-witness (external - login to view)

https://www.google.ca/maps/place/Red...4d-108.1992789 (external - login to view)

https://www.google.ca/maps/place/May...4d-107.7074451 (external - login to view)
Last edited by Locutus; Aug 13th, 2016 at 08:08 PM..
 
petros
#32
Quote: Originally Posted by TecumsehsbonesView Post

OK, so I'll presume you didn't read the question.

I'll throw it open to the board. Does anyone know if it is legal in Saskatchewan to use deadly force in defense of property? Or, to put it more technically, is defense of property an affirmative defense to homicide in Saskatchewan?

Yes. Whatever reasonable force necessary to protect your person or property. It's is vague.

At his hearing the charge will be reviewed by the Crown.
 
taxslave
#33
Quote: Originally Posted by TecumsehsbonesView Post

OK, so I'll presume you didn't read the question.

I'll throw it open to the board. Does anyone know if it is legal in Saskatchewan to use deadly force in defense of property? Or, to put it more technically, is defense of property an affirmative defense to homicide in Saskatchewan?

In Canada it isn't even legal to use deadly force to protect yourself.
 
petros
#34
See above.
 
taxslave
#35
Quote: Originally Posted by TecumsehsbonesView Post

Thank you. It is in at least one U.S. state (Texas), though only at night. You may believe that has generated reams of opinion on what exactly constitutes "night."


Read the above. Defense of property is not generally a defense for homicide (or lethal force) in the U.S.

My opinion: nor should it be. The situation you describe of fear of being alone on the open prairie would, if reasonable, be covered under self defense.

Self defence is described as reasonable force to protect yourself. In just about all cases killing would be considered excessive force.
This can even be extended to animals. A farmer I know shot a cougar that was stalking his kids. He is the kind of guy who wouldn't say sh!t if he had a mouthful so like a fool he called the conservation officer and wound up getting charged for shooting the cougar. If the cougar had been bothering his cattle he would have been within his rights to shoot it but since it was only stalking his kids it is illegal. Go figure.
 
petros
#36
Quote: Originally Posted by taxslaveView Post

Self defence is described as reasonable force to protect yourself. In just about all cases killing would be considered excessive force.
This can even be extended to animals. A farmer I know shot a cougar that was stalking his kids. He is the kind of guy who wouldn't say sh!t if he had a mouthful so like a fool he called the conservation officer and wound up getting charged for shooting the cougar. If the cougar had been bothering his cattle he would have been within his rights to shoot it but since it was only stalking his kids it is illegal. Go figure.

TEXT OF NEW SELF-DEFENCE AND DEFENCE OF PROPERTY PROVISIONS

SELF-DEFENCE

34 (1) A person is not guilty of an offence if

(a) they believe on reasonable grounds that force is being used against them or another person or that a threat of force is being made against them or another person;
(b) the act that constitutes the offence is committed for the purpose of defending or protecting themselves or the other person from that use or threat of force; and
(c) the act committed is reasonable in the circumstances
34 (2) In determining whether the act committed is reasonable in the circumstances, the court shall consider the relevant circumstances of the person, the other parties and the act, including, but not limited to, the following factors:

(a) the nature of the force or threat;
(b) the extent to which the use of force was imminent and whether there were other means available to respond to the potential use of force;
(c) the person’s role in the incident;
(d) whether any party to the incident used or threatened to use a weapon;
(e) the size, age, gender and physical capabilities of the parties to the incident;
(f) the nature, duration and history of any relationship between the parties to the incident, including any prior use or threat of force and the nature of that force or threat;
(f.1) any history of interaction or communication between the parties to the incident;
(g) the nature and proportionality of the person’s response to the use or threat of force; and
(h) whether the act committed was in response to a use or threat of force that the person knew was lawful.
34 (3) Subsection (1) does not apply if the force is used or threatened by another person for the purpose of doing something that they are required or authorized by law to do in the administration or enforcement of the law, unless the person who commits the act that constitutes the offence believes on reasonable grounds that the other person is acting unlawfully.

DEFENCE OF PROPERTY

35 (1) A person is not guilty of an offence if

(a) they either believe on reasonable grounds that they are in peaceable possession of property or are acting under the authority of, or lawfully assisting, a person whom they believe on reasonable grounds is in peaceable possession of property;
(b) they believe on reasonable grounds that another person
(i) is about to enter, is entering or has entered the property without being entitled by law to do so,
(ii) is about to take the property, is doing so or has just done so, or
(iii) is about to damage or destroy the property, or make it inoperative, or is doing so;
(c) the act that constitutes the offence is committed for the purpose of
(i) preventing the other person from entering the property, or removing that person from the property, or
(ii) preventing the other person from taking, damaging or destroying the property or from making it inoperative, or retaking the property from that person; and
(d) the act committed is reasonable in the circumstances.
35 (2) Subsection (1) does not apply if the person who believes on reasonable grounds that they are, or who is believed on reasonable grounds to be, in peaceable possession of the property does not have a claim of right to it and the other person is entitled to its possession by law.

35 (3) Subsection (1) does not apply if the other person is doing something that they are required or authorized by law to do in the administration or enforcement of the law, unless the person who commits the act that constitutes the offence believes on reasonable grounds that the other person is acting unlawfully.

Executive Summary - Bill C-26 (S.C. 2012 c. 9) Reforms to Self-Defence and Defence of Property: Technical Guide for Practitioners (external - login to view)

Even a small town pizza lawyer would easily find that if they looked.
 
spaminator
#37
'Racist and hate-filled' comments after shooting must stop: Wall
The Canadian Press
First posted: Sunday, August 14, 2016 07:55 PM EDT | Updated: Sunday, August 14, 2016 08:02 PM EDT
REGINA -- Saskatchewan Premier Brad Wall is condemning what he calls "racist and hate-filled" comments on social media and other online forums that stem from last week's fatal shooting of an aboriginal man on a farm.
Wall says in a Facebook post on Sunday afternoon that the comments betray the values and character of Saskatchewan.
Colten Boushie, 22, was shot last Tuesday after a car he was in went onto the rural property near Biggar.
A cousin of Boushie's says they were headed home to the Red Pheasant First Nation near North Battleford when they got a flat tire and needed help, but says a man on the farm smashed their window and fired shots as they tried to drive away.
Wall says that he has every confidence in the RCMP to investigate the circumstances of Boushie's death.
"None of us should be jumping to any conclusions about what happened. We should trust the RCMP to do their work," Wall says in the post.
"I call on Saskatchewan people to rise above intolerance, to be our best and to be the kind of neighbours and fellow citizens we are reputed to be."
Comments continued over the weekend on numerous online sites. Some were anti First Nation, while others supported vigilante justice against the suspect in the case.
First Nations leaders said last week that a police news release about the shooting was biased, and they called for an RCMP review of communication policies and writing guidelines.
An initial news release said people in the car had been taken into custody as part of a theft investigation.
Superintendent Rob Cameron in Regina responded that officers handled the investigation fairly and competently.
Wall said the hateful comments that have appeared online must stop.
"There are laws that protect citizens from what this kind of hate may foment. They will be enforced," he said.
The suspect, Gerald Stanley, 54, has been charged with second-degree murder in connection with the case.
Stanley is to make his next court appearance in North Battleford on Aug. 18 to face the allegations.
Saskatchewan Premier Brad Wall. (IAN KUCERAK/QMI AGENCY)

'Racist and hate-filled' comments after shooting must stop: Wall | Canada | News
 
Tecumsehsbones
#38
Gerald Stanley is a hero.
 
DaSleeper
+2
#39
Usual Empty sarcasm!
 
Locutus
+1
#40
Yep. I'm franky shocked the farmer didn't wander down off his veranda, ice tea in-hand and invite the lads in for supper and a warm bed if needs be until their car was fixed as long as they didn't try to bone his daughter.
 
petros
+2
#41
I'm waiting to hear what the Crown proceeds with. I fully understand Stanley's reaction. I want to here more than what the accomplices had to say.
 
darkbeaver
#42
Was there a jack and spare in the boot?
 
EagleSmack
#43
Quote: Originally Posted by spaminatorView Post

The FSIN wants a review of the RCMP's communication policies and writing guidelines.

Chuckle
 
Tecumsehsbones
#44
Quote: Originally Posted by darkbeaverView Post

Was there a jack and spare in the boot?

Or was there a spare jackboot?
 
Curious Cdn
#45
Quote: Originally Posted by TecumsehsbonesView Post

Or was there a spare jackboot?

Jawol! Das ist on der Marck.
 
Locutus
+3
#46
Quote: Originally Posted by darkbeaverView Post

Was there a jack and spare in the boot?

this story is missing more than their spare tire pal.
 
darkbeaver
#47
Quote: Originally Posted by TecumsehsbonesView Post

Or was there a spare jackboot?

That's a possibility I suppose.
 
petros
+2
#48
Driving on this:



With one of these:





Is beyond bullsh-t.
 
spaminator
#49
As hundreds rally outside courthouse, man pleads not guilty to killing First Nations man
Jason Warick, Postmedia Network
First posted: Thursday, August 18, 2016 02:42 PM EDT | Updated: Thursday, August 18, 2016 08:37 PM EDT
NORTH BATTLEFORD — Gerald Stanley, the man accused of second-degree murder in the farmyard shooting death of 22-year-old Colten Boushie, will remain in custody until at least today after a judge reserved his decision in a bail hearing.
Following a hearing Thursday afternoon that lasted roughly two hours in North Battleford Queen's Bench Court — Stanley's second court appearance of the day — Judge Bruce Bauer reserved his decision for at least 24 hours.
Emotions were high in the courtroom, as several members of Boushie's family cried loudly and several others were helped out of the courtroom by supporters. Stanley showed almost no visible emotion, only turning his head several times to raise his eyebrows and make eye contact with his lawyer.
Stanley, 54, was charged after Boushie was fatally shot on his property on Aug. 9.
The large courtroom was filled to capacity with more than 100 people, while at least the same number remained outside. Flag- and photo-waving supporters of Boushie had gathered throughout the day, chanting "Justice for Colten" outside the provincial courthouse after Stanley pleaded not guilty to second-degree murder.
The crowd, which peacefully conducted a silent rally prior to Stanley's first court appearance of the day, started to chant as family and supporters of both the victim and the accused emerged following the morning appearance. Stanley entered the prisoner's box wearing a long-sleeved grey collared shirt and dark pants. The grey-haired main of average build was still during the three-minute appearance. His only word — "Morning" — was in reply to Judge Bruce Bauer.
A standard publication ban applies to any details heard in court at the afternoon bail hearing, during which several potential witnesses were asked to leave the room. The hearing had barely started when it was adjourned for five minutes; drumming from supporters outside made it too difficult for the stenographer to hear.
The rally for Boushie included drummers, sweetgrass and prayers. Many of the signs held by his supporters had the words 'Justice for Colten' or '#IndigenousLivesMatter.' The crowd appeared to be approximately half indigenous and half non-indigenous.
Members of Stanley's family were escorted without incident to and from their vehicle by several RCMP members throughout the day.
Defence lawyer Scott Spencer released a statement on Thursday, expressing on behalf of the Stanley family condolences to Boushie's family and calling his death "a tragedy."
"While the circumstances of the incident are not as simple as some media reports have portrayed, the Stanley family will reserve comment until completion of the criminal process. Although the rampant speculation and misinformation is frustrating, it is not the place for, or reasonable to expect, the Stanley family to correct the public record," the statement read.
"Rather, justice, for both Colten and Gerry, requires that the facts of this matter be presented and tested in the appropriate judicial forum. We hope that all will reserve judgement until those facts are established."
Stanley is scheduled to return to court on Sept. 13 to determine a date for a preliminary hearing.
"Somebody took him. So sudden, so sudden. Now I have to share these stories with my nephew, with my sons, about Coco," said Colten's brother, William Boushie. "I have to share these stories with them because they won't get to grow up and cherish this life with him. I'm grieving right now.
"My brother was a man of his community ... He served his people right and it makes me happy to see everybody here today because Coco would want that."
"He was a guy who supported his community," added William Boushie, saying that it hurts him to know "that I had to lay my brother that helped me, that I had to lay my brother to rest."
Sheldon Wuttunee, former chief of the Red Pheasant Cree Nation, said the rallies developed "around support for the family.
"The family is certainly moving through a grieving process and experiencing all types of emotions, as anybody does when they lose a loved one. Of course, it was sudden and tragic," he said.
According to Boushie’s uncle, Alvin Baptiste, Boushie and four friends had been swimming and drinking at a lake on Aug. 9 and pulled onto Stanley’s property after they experienced car trouble on their way home to the Red Pheasant First Nation. Following a heated argument, Boushie was shot while still in the car.
RCMP said the people in the car with Boushie were taken into custody as part of a related theft investigation, but no charges were laid.
The Federation of Sovereign Indigenous Nations has publicly criticized the RCMP for the way it has presented the shooting and has called the shooting a “crime based on race.”
Boushie’s death has exposed growing tensions between some First Nations, rural residents and the RCMP and has sparked so many racist comments online that Premier Brad Wall took to social media this week to condemn them and call on people to rise above intolerance.
"I want to see a difference made. I want people to come together and just support each other instead of fighting," said Edward Soonias, a close friend of Boushie's.
"It doesn't matter what race. We all should be together as a community. We shouldn't be fighting between each other."
The National Farmers Union's Saskatchewan youth adviser, Rachelle Ternier, who was in North Battleford for Stanley's appearance, condemned "all the racist remarks for anyone," specifically those posted on the Facebook page of a group calling itself 'Saskatchewan Farmers.'
“Those voices do not speak for all Saskatchewan farmers. There are many of us that want to be there for the family in this time of mourning and loss, and really acknowledge how incredibly unacceptable all these racist comments have been," Ternier said.
“It’s tragic to lose a loved one. There’s going to be a long time of mourning as this came as such a sudden incident."
Similar rallies were taking place in Saskatoon, with another scheduled for Regina.
Organizer Jackie Crowe said during a moment of silence in Saskatoon that her thoughts were with the family of the 22-year-old shooting victim.
"I was thinking of Colten's mom," Crowe said. "I was thinking about her and her pain and what she must be going through."
Crowe said her thoughts were with all of those affected in the aftermath of the shooting, telling the crowd that she has not stopped crying since Boushie's death. She said remarks made by Colten's grandmother, Verna Denny, about how the young man helped her around the house left her heartbroken, noting she too has a grandson who would help her.
"My heart has been with this family since the beginning. My heart is also with the survivors, I can't imagine what they're going through," Crowe said.
"I imagine that they can't sleep ... I imagine they must be waking up with nightmares and that's a heartbreaking thing."
Crowe said she has written to government leaders, including Prime Minister Justin Trudeau and Premier Brad Wall, calling on them and police forces to "address and respond to the serious and deadly force of racism, verbal or otherwise towards our people."
"There needs to be changes to our laws that does not allow racist words or actions to exist in this country," the letter reads, calling for those who make racist comments to be held accountable.
— With StarPhoenix and Leader-Post files
Colten Boushie's mother Debbie Boushie(L) and Christine Dene speak to the media outside of North Battleford Provincial Court House where alleged shooter Gerald Stanley is making a court appearance August 18, 2016. (GordWaldner/Saskatoon StarPhoenix)

As hundreds rally outside courthouse, man pleads not guilty to killing First Nat
 
Tecumsehsbones
-1
#50
Meh. Give him whatever the fine is for hunting out of season, and go home.
 
DaSleeper
+1
#51
More of the usual pseudo sarcasm....
 
petros
#52
Quote:

Boushie’s death has exposed growing tensions between some First Nations, rural residents and the RCMP

Growing or after 120 finally coming to light on the national stage?
 
spaminator
#53
Bail granted to farmer accused of murdering of First Nations man
The Canadian Press
First posted: Friday, August 19, 2016 09:54 PM EDT | Updated: Saturday, August 20, 2016 12:52 AM EDT
BATTLEFORD, Sask. -- A judge has granted bail to a Saskatchewan farmer charged with the shooting death of an aboriginal man on his property.
The decision, which was released as the court was closing Friday in Battleford, said Gerald Stanley is to be freed on $10,000 bail.
Court of Queen's Bench Justice Neil Gabrielson imposed several conditions, including that the 54-year-old Stanley remain within a six-kilometre radius of his farm and wear an electronic monitoring bracelet. He must also stay away from the Red Pheasant First Nation and have no contact with the family of the man who was killed.
Stanley is charged with second-degree murder in the death of 22-year-old Colten Boushie of the Red Pheasant reserve.
Stanley pleaded not guilty to the charge during a court appearance on Thursday. A bail hearing was held later in the day but a publication ban was placed on the details.
Boushie was killed Aug. 9 after the vehicle he was in drove onto the farm in the rural municipality of Glenside, west of Saskatoon.
Boushie's cousin has said they were heading home to the reserve after an afternoon of swimming, when they got a flat tire and were looking for help.
Racial tensions flared after the killing.
First Nations leaders said an initial RCMP release about the shooting was biased, because it stated that people in the car were taken into custody as part of a theft investigation. They were released without charges.
Some comments on social media sites have also been anti-First Nation, while others have supported vigilante justice against the suspect. Saskatchewan Premier Brad Wall took to Facebook last weekend to condemn the comments and called on people to "rise above intolerance."
Several people railed online again after the bail decision Friday.
Adam Gaudry, an assistant professor of native studies and political science at the University of Alberta, wrote on Twitter that there's not much that inspires indigenous confidence in the justice system
"I fear this is only the beginning of a justice system that will give Gerald Stanley the benefit of the doubt and put the victim on trial," he said.
"Gerald Stanley gets bail because the courts treat white folks as rational and redeemable."
Hundreds of supporters for Boushie attended court Thursday. Some yelled at Stanley as he was led away by RCMP.
Sheldon Wuttunee, a spokesman for the Boushie family, called for calm. He said its important to demand justice, but in a peaceful manner.
Stanley's family also released a statement through his lawyer Thursday, saying there has been rampant speculation and misinformation about the shooting. They said they hope people will reserve judgement until the facts of the case are known.
Bail granted to farmer accused of murdering of First Nations man | Canada | News
 
spaminator
#54
Social media comments could be criminal: Mounties
The Canadian Press
First posted: Saturday, August 20, 2016 07:36 PM EDT | Updated: Saturday, August 20, 2016 07:44 PM EDT
BIGGAR, Sask. -- Mounties in Saskatchewan are warning that some social media comments could be criminal in the wake of a fatal shooting of an aboriginal man on a farm earlier this month.
RCMP issued a news release on Saturday stating police are monitoring the situation related to events in the area of Biggar, which was where the shooting occurred.
Police say in the release that the social media comments are concerning, and they ask people to "remain respectful" in their online communication.
Colten Boushie, 22, was killed Aug. 10 after the vehicle he was in drove onto a farm.
Gerald Stanley has pleaded not guilty to a charge of second-degree murder in connection with the incident and was freed Friday on $10,000 bail.
The news release doesn't mention whether police have received any complaints about online comments, and calls to the RCMP were not immediately returned.
"We can assure that the safety and security of the people of Saskatchewan is our number one priority," the release states. "We take all complaints very seriously and we encourage anyone with concerns to contact (police)."
"We will not have anyone available for media interviews," it concludes.
Last weekend, Premier Brad Wall took to Facebook to condemn some of the social media discussion of the case, calling comments he'd seen online "racist and hate-filled."
Some comments on social media sites have been anti-First Nation, while others have supported vigilante justice against the suspect.
They continued following the bail decision.
Wall warned there could be repercussions for the people who post the hate-filled comments.
"There are laws that protect citizens from what this kind of hate may foment. They will be enforced," Wall said on Facebook last Sunday.
Family, friends and supporters for Colten Boushie hold signs during a rally outside of the Saskatchewan Provincial Court in North Battleford,Thursday, August 18, 2016. People rally outside a Saskatchewan courthouse Thursday where a farmer accused of fatally shooting a First Nations man is to make an appearance. (THE CANADIAN PRESS/Liam Richards)

Social media comments could be criminal: Mounties | Canada | News | Toronto Sun
 
Ron in Regina
+1
#55
Quote: Originally Posted by TecumsehsbonesView Post

Occasionally. It's generally not my favorite.

Now, could you answer my question?


That's an awful lot of typing for "I don't know."

That's a carefully worded blurb stating, "careful what you say, 'cuz it's being
read by many who are not in favour of free speech.
 
Remington1
+1
#56
This story is missing every part of a story that makes sense.
 
Tecumsehsbones
+1
#57
Quote: Originally Posted by Ron in ReginaView Post

That's a carefully worded blurb stating, "careful what you say, 'cuz it's being
read by many who are not in favour of free speech.

I'm sure it was. You may note, however, that gerryh answered the question, for which I thanked him and, my curiosity satisfied, moved on.
 
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