Political commentary on court verdicts hurts views of justice system: lawyers

Colpy

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BTW it is the criminal justice system that has brought itself into disrepute by its inability to deliver justice.

This was justice.

If you don't want to get shot, don't get drunk, arm yourself, invade a man's property, and try to rob him.

Stanley was the intended victim of crime.

It didn't turn out that way.
 

bobnoorduyn

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You know when you buy a bag of salad, you're a hopelessly lazy loser who can't even make a freakin' salad. :lol:

To be fair, Stanley literally executed Boushie. Walked right up to him in the car and shot him in the head. That is NOT self-defense no matter how you slice it. I won't go so far as to say it was racially motivated though because I don't know and I'm not going to assume it was just because it's the "progressive" thing to do.


To also be fair, he didn't claim self defense as a defense, he claimed it was an accident. I don't know too much about Tokarev pistols or if there are more than one model, what I do remember though is a statement from a friend, instructor, former SAS operative and firearms expert to another friend and co-worker who had purchased one, that they were mass produced and of questionable quality such that the Russian tank crews they were issued to regarded them as a last resort firearm to be used only once rather than be taken alive by German troops, if you get my meaning.
 

Colpy

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To also be fair, he didn't claim self defense as a defense, he claimed it was an accident. I don't know too much about Tokarev pistols or if there are more than one model, what I do remember though is a statement from a friend, instructor, former SAS operative and firearms expert to another friend and co-worker who had purchased one, that they were mass produced and of questionable quality such that the Russian tank crews they were issued to regarded them as a last resort firearm to be used only once rather than be taken alive by German troops, if you get my meaning.

I honestly doubt this happened due to a malfunction. Stanley was involved in trying to get the keys out of the truck's ignition at the time the gun went off. I would bet money that Stanley inadvertently had his finger on the trigger as he gripped the pistol.

I think the jury engaged in nullification, and ignored the law, as the application of the law would have been unjust in the circumstances.

That is a perfectly legitimate option.

It is no doubt true that juries have a de facto power to disregard the law as stated to the jury by the judge. We cannot enter the jury room. The jury is never called upon to explain the reasons which lie behind a verdict. It may even be true that in some limited circumstances the private decision of a jury to refuse to apply the law will constitute, in the words of a Law Reform Commission of Canada working paper, "the citizen's ultimate protection against oppressive laws and the oppressive enforcement of the law" (Law Reform Commission of Canada, Working Paper 27, The Jury in Criminal Trials (1980)). But recognizing this reality is a far cry from suggesting that counsel may encourage a jury to ignore a law they do not support or to tell a jury that it has a right to do so.

https://en.wikipedia.org/wiki/Jury_nullification#Canada

But we will never know.

Justice was done, in any case.
 

JLM

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This was justice.

If you don't want to get shot, don't get drunk, arm yourself, invade a man's property, and try to rob him.

Stanley was the intended victim of crime.

It didn't turn out that way.

Maybe this is a good illustration of why we are taught manners!

I honestly doubt this happened due to a malfunction. Stanley was involved in trying to get the keys out of the truck's ignition at the time the gun went off. I would bet money that Stanley inadvertently had his finger on the trigger as he gripped the pistol.

I think the jury engaged in nullification, and ignored the law, as the application of the law would have been unjust in the circumstances.

That is a perfectly legitimate option.

Yep, sometimes arriving at the proper and desired 'destination' is more important than the details of the process.
 

bobnoorduyn

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I honestly doubt this happened due to a malfunction. Stanley was involved in trying to get the keys out of the truck's ignition at the time the gun went off. I would bet money that Stanley inadvertently had his finger on the trigger as he gripped the pistol.

I think the jury engaged in nullification, and ignored the law, as the application of the law would have been unjust in the circumstances.

That is a perfectly legitimate option.



https://en.wikipedia.org/wiki/Jury_nullification#Canada

But we will never know.

Justice was done, in any case.


I don't doubt that it was accidental, but I wouldn't put money on anything. I have seen, as I'm sure you have, all sorts of firearm malfunctions; hang fires, misfires, squib fires, slam fires, sympathetic discharges, stovepipes and jams of all kinds. Other than a with barrel blockage, most accidents happen from mishandling after the malfunction, that I have witnessed first hand. The Crown had the opportunity to add charges of unsafe handling or even unsafe storage, (which would have been a stretch) among other such Criminal Offenses as has been seen most notably in Ontario, but they were going for the brass ring.


If the jury had deliberated for an hour, as did the last trial jury that acquitted Henry Morgantaler, I would be more suspect of jury nullification. The fact that they deliberated for 13 hours and asked to review evidence as well lessens that likelihood in my mind. The Crown would have a tough row to hoe appealing on the grounds that the judge somehow influenced the jury, or that the jury was unduly biased because they were also involved in the selection process.


I wouldn't go so far as to say absolutely that justice was served, I think many were expecting a manslaughter conviction, but there is still that thing we call reasonable doubt. As unsettling as it is, it is better that possibly justice not be done, or seen not to be done, than injustice committed. I would say that justice was served to the best ability of the system we have in place, which is far better than any alternatives being bandied about.
 
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Twin_Moose

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I don't doubt that it was accidental, but I wouldn't put money on anything. I have seen, as I'm sure you have, all sorts of firearm malfunctions; hang fires, misfires, squib fires, slam fires, sympathetic discharges, stovepipes and jams of all kinds. Other than a with barrel blockage, most accidents happen from mishandling after the malfunction, that I have witnessed first hand.
The Crown had the opportunity to add charges of unsafe handling or even unsafe storage, (which would have been a stretch) among other such Criminal Offenses as has been seen most notably in Ontario, but they were going for the brass ring.


If the jury had deliberated for an hour, as did the last trial jury that acquitted Henry Morgantaler, I would be more suspect of jury nullification. The fact that they deliberated for 13 hours and asked to review evidence as well lessens that likelihood in my mind. The Crown would have a tough row to hoe appealing on the grounds that the judge somehow influenced the jury, or that the jury was unduly biased because they were also involved in the selection process.


I wouldn't go so far as to say absolutely that justice was served, I think many were expecting a manslaughter conviction, but there is still that thing we call reasonable doubt. As unsettling as it is, it is better that possibly justice not be done, or seen not to be done, than injustice committed. I would say that justice was served to the best ability of the system we have in place, which is far better than any alternatives being bandied about.

To the bolded he goes to trial in March over these charges and probably be found guilty

As to the P.M. and the ministers comments this verdict goes in contrast to their progressive trade negotiations towards human rights IMO it's as simple as that
 

Jinentonix

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You know when you buy a bag of salad, you're a hopelessly lazy loser who can't even make a freakin' salad. :lol:

To be fair, Stanley literally executed Boushie. Walked right up to him in the car and shot him in the head. That is NOT self-defense no matter how you slice it. I won't go so far as to say it was racially motivated though because I don't know and I'm not going to assume it was just because it's the "progressive" thing to do.
So flosstard, you disagree with my premise? By all means, please do elucidate.
 

Twin_Moose

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Justice was not served and that has nothing to do with political affiliations. Anybody who is unbiased and looked into the facts of the case would see that it was a racially motivated murder and verdict. Although I dislike Trudeau, he is entitled to his opinion just like the rest of you jerks. Unfortunately, his comments were just lip service and hollow for its public display of compassion that he doesn't have.

The incident itself was not racially charged Stanley did not go to Pound Maker youths from Pound Maker came to Stanley's farm and at first the Stanley's thought it was a client rustling through and getting something out of their own truck that was there to be repaired until they heard the quad start. It got racially charged a few hours later on social media and it wasn't just by "whitey" either BTW I find the term "Whitey" as a racist derogatory term
 
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Hoid

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All First Nations people dismissed from jury selection by the defense.

But race played no part in this.

Because I am an Ignore Lister and that is how smart I am.
 

Twin_Moose

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All First Nations people dismissed from jury selection by the defense.

But race played no part in this.

Because I am an Ignore Lister and that is how smart I am.

All middle aged white people where dismissed by the prosecution, and the jury was made up from what appeared not to be of indigenous ancestry, not saying what ancestry the jury was, any Metis in the group?
 

Hoid

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First nations people dismissed without being asked a single question after traveling hundreds of miles.

Why?

Because of whatever can be determined with a 2 second glance. Race.
 

Mowich

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just commented on this in another thread.

it is unusual for ministers to comment on verdicts, but I believe they have to get out in front of whatever international criticism there might be as regards indigenous people. Canada takes shit kicking at the UN etc over this thing.

We understand that these people do not get treated the same, but others do not understand it like we do.

Quite frankly after all the virtue-signalling towards FN's that our ill-advised PM is guilty of, I would have been more surprised had he kept his mouth shut. That would have been the right thing to do.
 

Hoid

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Quite frankly after all the virtue-signalling towards FN's that our ill-advised PM is guilty of, I would have been more surprised had he kept his mouth shut. That would have been the right thing to do.
The days of keeping the mouths shut are over.

Maybe you have been asleep for the last couple of years but things we used to quietly accept we no longer quietly accept.

The times are changing.
 

Mowich

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Justice was not served and that has nothing to do with political affiliations. Anybody who is unbiased and looked into the facts of the case would see that it was a racially motivated murder and verdict. Although I dislike Trudeau, he is entitled to his opinion just like the rest of you jerks. Unfortunately, his comments were just lip service and hollow for its public display of compassion that he doesn't have.

Well you most certainly are the LEAST unbiased person commenting on this case, Cliffy. How the hell do you know the death was racially motivated. You know nothing about the Stanley family except what you may have seen or read. Have you ever lived on a rural farm far from any quick response time by the police? I have and I can attest to the fact that when you are threatened by hooligans the last thing on your mind is the color of their skin. The first thing on your mind is how the hell do I keep my family safe from drunken people bent on mayhem.

Your knee-jerk reaction to this trial and verdict is yet another example of your inability to comprehend that there are two sides to every story and in this case what is crystal clear is the fact that this death was preventable had but their families given a single thought to what would happen to their children driving about intoxicated to the gills with a loaded rifle.
 

Hoid

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Not sure how someone getting "accidentally" shot does not result in at least a firearms violation.

I guess it's a rural thing.
 

Mowich

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The days of keeping the mouths shut are over.

Maybe you have been asleep for the last couple of years but things we used to quietly accept we no longer quietly accept.

The times are changing.

Quietly accepting statements that border on interference with a jury verdict may be your idea of how Canada should be changing, but they aren't and never will be mine. The PM and Justice Minister had no business what-so-ever making comments that could be seen as questioning a just verdict.
 

Twin_Moose

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Not sure how someone getting "accidentally" shot does not result in at least a firearms violation.

I guess it's a rural thing.

Found not guilty in Colten Boushie death, Gerald Stanley still faces firearm charges next month

Though Gerald Stanley was found not guilty of second-degree murder in the 2016 shooting death of Colten Boushie, the Saskatchewan farmer’s legal battles are not completely over.
Stanley still faces two charges of unsafe storage of a firearm. The charges are scheduled to be dealt with March 19 in North Battleford provincial court.
He was formally charged in November 2016 “in relation to events that occurred on (Aug. 9, 2016),” RCMP said in a news release issued after Stanley’s initial court appearance on the weapons charges. If found guilty on those firearm-related charges, Stanley would face a sentence not exceeding two years for a first offence and not exceeding five years for a second or subsequent offence.

Boushie, a Cree man from Red Pheasant First Nation, was 22 years old on Aug. 9, 2016 when he and four friends drove an SUV onto Stanley’s farm north of Biggar in the RM of Glenside. At least one occupant of the SUV attempted to start a quad on Stanley’s property, after which time the SUV collided with a parked vehicle on Stanley’s property, court heard. During the incident, Boushie — sitting in the driver’s seat — was killed by a single gunshot to the head from a handgun held by Gerald Stanley.
A jury acquitted Stanley on Friday night after more than a day of deliberating. The verdict was met with anger, sadness and disbelief by members of Boushie’s family who say the justice system failed them and repeatedly fails Indigenous people. The jury had been given the options of finding Stanley guilty of second-degree murder, guilty of manslaughter, or not guilty of any crime.
Hundreds of people gathered at rallies across Canada on Saturday to show support for Boushie’s family and to add their voices to those calling for changes to the justice system.
Members of Boushie’s family are travelling to Ottawa on Monday to speak with federal ministers about their experience and what changes they want to see.

Stanley testified in his own defence this month, telling a jury that he hadn’t meant to hurt anyone on Aug. 9, 2016. Stanley said he retrieved his gun to fire warning shots after Boushie and his friends wreaked havoc in his yard and said he believed his gun was empty when he approached Boushie. He said the bullet that killed Boushie was the result of a delayed discharge.
Stanley’s defence lawyer, Scott Spencer, told the jury that Stanley was behaving the way a reasonable person would be expected to in those circumstances.
Over the course of Stanley’s two-week trial, a jury heard that Stanley owned several firearms, including two handguns that were in his shed the day Boushie died. One of those handguns — a Tokarev pistol — was the weapon that fired the shot that killed Boushie.
Stanley told the jury he normally used the Tokarev to fire warning shots from his deck to scare coyotes.