Saskatchewan trial spurs calls for change with jury selection

[mentalfloss]

Gerald Stanley trial spurs calls for change, highlights challenges with jury selection

In the aftermath of a jury finding Gerald Stanley not guilty, it appears calls for change in the justice system across Canada could be answered.

Stanley, a Saskatchewan farmer, shot and killed Colten Boushie, an Indigenous man, who had entered Stanley's property.


"When you have a jury, at the end of the day that's not representative of the community, then you have an unfair jury," said Senator Murray Sinclair.

Boushie's family met with federal ministers Monday to raise their concerns about the justice system post-verdict.

"We're here to work on this, we're here to ask people to work with us," said Bousjie’s cousin Jade Tootoosis.

Former Manitoba judge and current Senator Murray Sinclair says the Boushie case highlights problems with the jury selection process, including that nothing precludes lawyers from using challenges to disqualify potential jurors based on race and gender. Sinclair also says prospective jurors from First Nations communities can face barriers.

"We have the right to lock them up if they don't show up, and yet they might not show up because they don't have the resources to get here," said Sinclair.

Winnipeg defense lawyer Greg Brodsky says he's had cases where the initial pool from which to choose jurors from had little or no representation from the accused or the victim's backgrounds.

"Everybody wants a jury of their peers. We're entitled to a jury of our peers," said Brodsky.

Following a meeting with the Boushie family, ministers in the Trudeau government say they will look at the jury selection process going forward.

"We have reflected a bit and we'll continue to on jury selection," said Federal Justice Minister Jody Wilson-Raybould.

Ottawa says this will require help from the provinces.

https://winnipeg.ctvnews.ca/mobile/...-calls-for-change-to-justice-system-1.3800626

 

[Colpy]

Okay...

First of all, the accused has a right to a jury of their peers.........

Secondly, considering the almost unanimous reaction of native peoples to the just verdict in this trial, the defense lawyer did his job well in eliminating FN people from the jury.....if that is what he did.

Thirdly, the Supreme Court of Canada dealt with the issue of FN people on juries back in 2015............and ruled that as long as the jury list included a representative cross-section for the court to draw from, therequirements had been met.

Justices Moldaver, Rothstein, Wagner and Gascon held that while representativeness is an important feature of the jury system, its meaning is circumscribed. Representativeness does not involve targeting particular groups for inclusion on the jury and the state is not required to address historical and systemic wrongs against Aboriginal people by targeting them for inclusion. They held that a jury should be a “representative cross-section of our society, honestly and fairly chosen”, citing R v Sherratt, [1991] 1 SCR 509. Representativeness should be involved in the process used to compile the jury roll, but not in its final composition. The reviewing court should ask whether the state provided a fair opportunity for a broad cross-section of society to participate in the jury process. A fair opportunity is provided when the state makes reasonable efforts to:

(1) compile the jury roll using random selection from lists drawn from a broad cross-section of society, and

(2) deliver jury notices to those who have been randomly selected.

If these two steps are followed, the jury roll will be representative and the accused’s Charter right to a representative jury will be respected. The role of representativeness under Charter section 11(d) is limited to its effect on independence and impartiality. Impartiality is guaranteed through the way that the jury roll is compiled. However, the ultimate composition of the jury roll (e.g., it contains few individuals of the accused’s race or religion) is not in itself indicative of bias.

Supreme Court of Canada Addresses Jury Composition and Aboriginal Equality - LawNow Magazine

And fourth Mr. Stanley is a good citizen who was going peacefully about his business when his land was invaded by a group of drunk punks armed with a loaded rifle that proceeded to try and rob him.

Justice was done.

 

[taxslave]

In this case a jury of his peers would be a group of farmers.

 

[justlooking]

So, the RCMP are going to round up all the 500 no shows from last time ?

 

[Colpy]

So, the RCMP are going to round up all the 500 no shows from last time ?

In listening to this discussion, the one point I thought was legitimate is the impossibility of jurors called from remote reservations to get to jury selection.

Certainly the state should cover expenses.

 

[IdRatherBeSkiing]

Does anybody actually know if or how many jurors were rejected by the defense? I have not seem that stat. Also how many did the crown reject?

Let's fix something that may not even be broken.

 

[Decapoda]

Does anybody actually know if or how many jurors were rejected by the defense? I have not seem that stat. Also how many did the crown reject?

The original jury pool summoned 750 people, I seem to recall hearing that about 250 people showed up.

'Huge' pool of 750 people summoned as potential jurors

Let's fix something that may not even be broken.

I see it as certain people people coming to a preconceived idea of what the jury decision "should have been", then tweaking the system to ensure that preconceived decision is reached in the future.

Our politicians should know better than to base changes to our Justice System on emotional, subjective post-trial opinions. It's foolish and reckless, two things I have come to expect from this Liberal Government.

 

[Cannuck]

I don't get drunk, grab my rifle and head out to steal shyte. Is that because I'm white?

Our politicians should know better than to base changes to our Justice System on emotional, subjective post-trial opinions.

Yup. That's why we shouldn't have the death penalty. It only makes sense if you look at it emotionally.

 

[justlooking]

In listening to this discussion, the one point I thought was legitimate is the impossibility of jurors called from remote reservations to get to jury selection.

Certainly the state should cover expenses.

Pacholik: Jury duty
Sask jurors get $80 per day.

 

[Decapoda]

I heard an interview with a Sask. Lawyer yesterday who had an interesting perspective on the matter of jury selection. He said that one of several reasons that prospective jurors who were visibly indigenous was included in one of the 14 pre-emptory challenges during jury selection was due to the great hue and cry that went out by some before the trial ever even began, that the investigation and the whole process was tainted by racism. This made it very difficult for a first nations person to be on the jury, as this draws the potential racial lines before the case is even heard.

The defense is responsible to select an impartial jury; the rhetoric and preconceived notion that the process “was going to be racist” before the case was even heard made it impossible for a defense council not to challenge jurors based on race.

 

[Jinentonix]

Sinclair is more interested in playing identity politics than he is with justice. Same with our shiny pony boy and his equally clueless Justice Minister.

 

[Twin_Moose]

In listening to this discussion, the one point I thought was legitimate is the impossibility of jurors called from remote reservations to get to jury selection.

Certainly the state should cover expenses.

I believe they do in a reimbursement I know it use to be 60% of wage and $0.35/km, that is where the FSIN should have stepped up to make sure they all got there and had the expenses reimbursed directly to themselves

 

[Hoid]

Okay...

First of all, the accused has a right to a jury of their peers.........
.

There are no First Nations in northern Saskatchewan?

An all white jury in Biggar Sak. is roughly equivilent to an all english jury in Chibougamoo.

As far as justice being done, I don't think you know what that word means.

 

[Jinentonix]

There are no First Nations in northern Saskatchewan?

An all white jury in Biggar Sak. is roughly equivilent to an all english jury in Chibougamoo.

As far as justice being done, I don't think you know what that word means.

Are you f*cking stupid or something? Once again, the accused has a right to a jury of their peers. Now, here's the money question. Who was on trial, Stanley or Boushie?

 

[Decapoda]

There are no First Nations in northern Saskatchewan?

The accused was not indigenous. The indigenous community tainted themselves by screeching racism before the trial even started.

 

[Hoid]

If they are n the community why are they not on the jury?

Actually why wasn't everyone on the jury an indian?

 

[Jinentonix]

If they are n the community why are they not on the jury?

Actually why wasn't everyone on the jury an indian?

Do you know why? Because you're a f*cking moron, that's why.

 

[captain morgan]

In listening to this discussion, the one point I thought was legitimate is the impossibility of jurors called from remote reservations to get to jury selection.

Certainly the state should cover expenses.

The system does cover those expenses.

Further, considering that fully 2/3 of the potential jurors elected not to show up also speaks volumes in and of itself

There are no First Nations in northern Saskatchewan?

An all white jury in Biggar Sak. is roughly equivilent to an all english jury in Chibougamoo.

As far as justice being done, I don't think you know what that word means.

The accused isn't First Nations.

Do you understand the difference between the accused and the defendant?

 

[Twin_Moose]

The long list of problems Colten Boushie's family says marred the case

A light rain fell outside the North Battleford, Sask., provincial courthouse the morning of Aug. 11, 2016, as the man accused of killing Colten Boushie made his first appearance. It was the Boushie family's first chance to see farmer Gerald Stanley.
But on that day, no one from the Boushie family was there. They were a 25-minute drive away at the Red Pheasant Cree Nation. They say they would have been there, but no one told them about it.
The Crown prosecutor at the time said he assumed RCMP would inform the family of Stanley's court appearance.
"Things need to change," North Battleford lawyer and Boushie family adviser Eleanore Sunchild said at the time.
In a written statement to CBC News Monday, Saskatchewan RCMP said they realize the importance of giving family information about court appearances. They said they did try unsuccessfully to reach Boushie's mother, Debbie Baptiste.
"Officers were in touch with a family friend who reached Ms. Baptiste," the statement said. "However, by the time they reached Ms. Baptiste, court was already in progress."
Stanley was acquitted Friday following a two-week trial. Rallies were held across the country over the weekend attended by thousands of people outraged by the verdict and the absence of visibly Indigenous people on the jury.
Prime Minister Justin Trudeau said Canada has "come to this point as a country far too many times. Indigenous people across this country are angry. They're heartbroken. I know Indigenous and non-Indigenous Canadians alike know that we have to do better."
The Boushie family, Sunchild and others have flown to Ottawa to take him at his word and demand changes to the justice system.
Over the past 18 months, they say, they've been angered by the way the case has unfolded.
They say some of the actions taken during the investigation were disrespectful while others may have affected the outcome.
They say they want "justice for Colten" and don't want other families to go through what they have.
"We saw a judicial system that continues to fail Indigenous people all across the country," Boushie's cousin, Jade Tootoosis, said after the verdict.

The list of concerns includes:

- Debbie Baptiste said she was notified of her son's death when multiple RCMP cruisers pulled up to her home. The officers said later they'd received a tip an armed person might have been in a trailer matching the description of the one Baptiste lived in. Officers entered the home, weapons drawn and gave her the news. She said that as she writhed on the floor crying, one officer told her to "get it together" and then asked, "Have you been drinking?"
In Monday's statement, the RCMP said it was not officers' intention "to cause any additional pain." "The response to any major incident is often dynamic and complex. In addition to doing the NOK (next of kin) notification, the officers also had to ensure there was no risk to officer and public safety," the statement said.

- An officer testified during the trial that while still investigating the crime scene, the RCMP had not covered the vehicle in which Boushie was shot or the area around it with a tarp or other protection. It rained heavily overnight, washing away blood, foot prints and other evidence.
- Boushie's body was covered, but he lay face-down in the gravel in the Stanley farm yard for more than 24 hours while RCMP waited for a warrant, according to RCMP testimony during the trial.
- The RCMP blood spatter expert did not come to Saskatchewan to examine the vehicle or other items. This decision was mentioned several times by Stanley's defence team during the trial. On Monday, the RCMP said they can't comment on the crime scene or blood spatter evidence during the 30-day period after the verdict during which an appeal is possible.
- The RCMP issued an initial news release that some interpreted as "victim-blaming." It mentioned the killing but also stated some of those present were subjects of a theft investigation. That release emboldened those who believed protection of property justified the killing, the Boushie family said.
- On the first day of the preliminary hearing, family members complained security was "excessive," with barricades, RCMP photographers on rooftops and other measures that they said served to intimidate those who gathered to rally and advocate for justice. The visible RCMP presence was later scaled back.

In Monday's statement, the RCMP said they try to ensure public safety by conducting "a thorough risk assessment and deploying resources accordingly" and that "this process was followed in this case."
- Hundreds of hateful, often racist messages were posted on social media in the weeks following Boushie's death. Saskatchewan Premier Brad Wall called for calm. Despite a public warning that online comments could result in criminal charges and RCMP saying they spoke with the provincial Crown about some of the posts, no charges were ever laid. Crown officials declined to say whether they recommended charges to the provincial justice minister, who is required to give consent.

In their statement Monday, the RCMP said they investigate hate speech but that it's the justice minister who makes the final decision about whether to prosecute such cases. They said they are monitoring new comments made since Friday's verdict and will inform the public of any charges.
- An internal RCMP investigation cleared officers of misconduct after the Boushie family complained about their treatment the night they were told Boushie had died. In an Oct. 19 letter to the family, RCMP Supt. Mike Gibbs apologized for the officers' actions, conceding they "could have been perceived as insensitive" but said the force used was acceptable given the "safety risks."
"It's like we don't have no rights at all, just sweep us under the rug, kick us under the bus, just move on, forget about what happened. That's how they look at it. Just another Indian," Boushie's uncle, Alvin Baptiste, said at the time.
In Monday's statement, the RCMP said the force followed the RCMP Act and investigated when the family laid a complaint and that if the family was not satisfied with that process, they could take the matter to the Civilian Review and Complaints Commission for the RCMP.
- The provincial government declined the Boushie family's requests for an out-of-province lead investigator and Crown prosecutor. "It is a prosecutor's duty to prosecute all cases based on their merit under the Criminal Code of Canada. I am confident that counsel assigned to this case will do so appropriately," Justice Minister Gordon Wyant said in a statement last July.

- The jury in the Stanley trial appeared to contain no visibly Indigenous people. Boushie's family and other observers allege that during jury selection, the defence team used so-called peremptory challenges to reject all candidates who looked like they might have Indigenous background. In Canada, lawyers don't have to give reasons for excluding jury candidates. On Monday, Justice Minister Jody Wilson-Raybould announced the Liberal government will review the system of peremptory challenges.
Great Britain, most of the United States and other countries have abolished peremptory challenges, and some legal experts say Canada should do the same.
"It invites bias on the basis of race," said Steven Penney, a University of Alberta law professor and co-author of Criminal Procedure in Canada. "It's not a value we should allow in our system. This case is highlighting those flaws."
'We will find a way forward'

On Monday, newly elected Saskatchewan Premier Scott Moe said he and Justice Minister Don Morgan met with the Boushie family and heard their concerns.
"These are difficult discussions for us to have, whether it's on racism or crime," Moe said. "This is a challenge. I can commit to the people of Saskatchewan that we will have those discussions. It won't be easy, it won't be done quickly, but we will find a way forward."
Stanley's lawyer, Scott Spencer, has not commented since the verdict. In a statement on the eve of the trial, he said the case is about facts and is "not a referendum on racism."
Saskatoon criminal lawyer Brian Pfefferle was not involved in the case but has watched its developments closely. Pfefferle said it's vital for victims and their families to feel valued and respected.
"This is an area, arguably, where people are falling through the cracks," Pfefferle said. "Maybe the system isn't equipped for victims as well as it should be."
Crown prosecutor Bill Burge has not ruled out an appeal and has one month to make a decision.

 

[Walter]

Let's fix something that may not even be broken.

It’s what gubmints do.