‘Knee-jerk reaction:’ Lawyers worry about proposed changes following Colton Boushie case

Changes stem from the aquittal of Gerald Stanley in the death of 22-year-old Cree man in 2016

Gerald Stanley enters the Court of Queen’s Bench for the fifth day of his trial in Battleford, Sask., on February 5, 2018. (THE CANADIAN PRESS/Liam Richards)

Legal experts say proposed changes to the Criminal Code after a high-profile acquittal in the fatal shooting of an Indigenous man are short-sighted.

Key changes in a federal bill, which has passed third reading, involve peremptory challenges during jury selection and use of preliminary inquiries. Peremptory challenges allow lawyers to remove a potential juror without giving reasons.

Calgary lawyer Balfour Der, who has worked as both a prosecutor and a defence lawyer for 38 years, said the proposed changes are a knee-jerk reaction in part to the acquittal by an all-white jury of a Saskatchewan farmer in the shooting death of a 22-year-old Cree man.

“It’s a reaction of the government to satisfy an interest group which may have been complaining after this,” he said in a recent interview.

“I can’t imagine anything less helpful in jury selection to both sides than to have no peremptory challenges. You’re not just looking for a jury of your peers but you’re looking for an impartial jury.”

READ MORE: ‘Justice for Colten’ rally draws dozens in Vancouver after not-guilty verdict

READ MORE: Mountie believed to have posted to Facebook saying Colten Boushie ‘got what he deserved’

Visibly Indigenous potential jurors were released during jury selection for Gerald Stanley’s trial. The farmer said he accidentally shot Colten Boushie in the back of the head when a group of Indigenous youths drove on to Stanley’s farm near Biggar, Sask., in August 2016. He was found not guilty of second-degree murder in February.

The verdict triggered a backlash across the country. Boushie’s family, academics and politicians said the acquittal underscored the systemic racism in the justice system and called for changes, specifically to jury selection.

Federal Justice Minister Jody Wilson-Raybould agreed. She said removing the challenges would make sure juries were more representative of the Canadian population.

“Our criminal justice system must be fair, equitable and just for all Canadians,” Wilson-Raybould said at the time.

Lawyers would still have the right to challenge a potential juror for cause, but the legislation would empower the judge to decide.

Der, author of a textbook on jury law, said banning peremptory challenges would mean you could “get stuck with the first 12 people who say they’re ready, willing and able to be jurors.

“I don’t know how that’s going to get more First Nations people on juries.”

Lisa Silver, a University of Calgary law professor, who appeared before the parliamentary standing committee that examined the bill, said the Stanley verdict was the result of several factors.

“To take away peremptory challenges is not the full answer,” Silver said. “Some defence lawyers suggest that they’ve used peremptory challenges when they’ve had an Indigenous client and it’s been to their benefit.”

Silver, Der and Calgary defence lawyer Alain Hepner said a better solution would be to change the way a prospective jury pool is selected. That list currently comes from voter registrations, drivers licences or identification renewals.

Bill Graveland, The Canadian Press

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Town grants Chamber $20K

Chamber estimates up to $65K in lost revenue, turns to council for help

COVID-19 highlights lack of connectivity in First Nations communities

Many don’t have access required to utilize online platforms, says First Nations Technology Council

Salmon closures announced for Skeena and Nass watersheds

DFO notice expands on May 21 chinook ban throughout Skeena watershed

New Salt Boutique the realization of a vision for owner Caroline Marko

Marko combines the rough and the soft in a minimalist, clean airy space

Coastal GasLink pipeline work ramps up

With spring thaw ending, workers start to arrive for summer season

QUIZ: Test your knowledge of the world of summer sports

In a typical year, there are plenty of summer sporting events and tournaments held across Canada

Surrey mayor’s party under fire for ‘sickening’ tweet accusing northern B.C. RCMP of murder

Mayor Doug McCallum says tweet, Facebook post ‘sent out by unauthorized person’

Father’s Day Walk Run for prostate cancer will be virtual event this year throughout B.C.

The annual fundraiser for Prostate Cancer Foundation BC has brought in $2.5 million since 1999

Dr. Bonnie Henry announces official ban on overnight kids’ camps this summer

New ban comes after talking with other provincial health officials across the country, Henry says

Senior man in hospital after unprovoked wolf attack near Prince Rupert

Conservation officers are on site looking for the wolf

Introducing the West Coast Traveller: A voyage of the mind

Top armchair travel content for Alaska, Yukon, BC, Alberta, Washington, Oregon and California!

VIDEO: NASA astronauts blast off into space on SpaceX rocket

Marks NASA’s first human spaceflight launched from U.S. soil in nearly a decade

‘I knew what he wanted’: Kootenay man spends hours in tree as black bear patrols below

Francis Levasseur is no stranger to the outdoors, but a recent run-in with a bear caused quite a scare

PHOTOS: U.S. cities brace for increasing unrest over police killing of George Floyd

Minnesota Gov. Tim Walz has fully mobilized the state’s National Guard

Most Read