‘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

Touchstones Museum has opened up Nelson’s Cold War bunker to the public. The unique exhibit includes artifacts from the 1950s and 60s. Photo: Tyler Harper
Take cover! Cold War bunker opens to public in Nelson

The shelter was built in 1964 in case of nuclear fallout

Trail police seized baggies of suspected meth and fentanyl during an assault call. Image: Courtesy of Medline Plus
Assault call in Trail leads to drug seizure

The incident was called into the Trail police station Friday night just before 7 p.m.

COVID-19 test tube. (Contributed)
test tube with the blood test is on the table next to the documents. Positive test for coronavirus covid-19. The concept of fighting a dangerous Chinese disease.
Interior Health launches online booking for COVID-19 tests

Testing is available to anyone with cold, influenza or COVID-19-like symptoms

Photo: Fraser Institute
Local Leviathans: The Rise of Municipal Government Spending in Canada, 1990–2018

Understanding municipal finances is challenging as they are not very transparent and vary widely

The Black Jack Ski Club is holding its annual membership drive with an early incentive to get your membership before Nov. 1. Photo: submitted.
Black Jack Ski Club invites new members

An early-bird discount means it’s a good time to get your membership to the Black Jack Ski Club

FILE – People wait in line at a COVID-19 testing facility in Burnaby, B.C., on Thursday, August 13, 2020. THE CANADIAN PRESS/Darryl Dyck
167 new COVID-19 cases, 1 death recorded as B.C. enters 2nd wave

Three new healthcare outbreaks also announced

Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

Volunteer registered nurse Stephanie Hamilton recieves a swab from a driver as she works at a Covid-19 testing site in the parking lot at Everett Memorial Stadium on Tuesday, Oct. 20, 2020 in Everett, Washington. (Andy Bronson / The Herald)
13 more COVID-19 cases in Interior Health region

There are 624 cases in the region since the start of the pandemic

This 2020 electron microscope image made available by the National Institute of Allergy and Infectious Diseases shows a Novel Coronavirus SARS-CoV-2 particle isolated from a patient, in a laboratory in Fort Detrick, Md. THE CANADIAN PRESS/AP-NIAID/NIH via AP
At least 49 cases of COVID-19 linked to wedding in Calgary: Alberta Health

McMillan says the city of Calgary has recently seen several outbreaks linked to social gatherings

UBC geoscientists discovered the wreckage of a decades-old crash during an expedition on a mountain near Harrison Lake. (Submitted photo)
Wreckage of decades-old plane crash discovered on mountain near Harrison Lake

A team of Sts’ailes Community School students helped discover the twisted metal embedded in a glacier

The official search to locate Jordan Naterer was suspended Saturday Oct. 17. Photo courtesy of VPD.
‘I am not leaving without my son,’ says mother of missing Manning Park hiker

Family and friends continue to search for Jordan Naterer, after official efforts suspended

A bear similar to this black bear is believed responsible for killing a llama in Saanich on Oct. 19. (Black Press Media file photo)
Bear kills llama on Vancouver Island, prompting concerns over livestock

Officers could not track the bear they feel may not fear humans

Bernard Trest and his son Max, 10, are concerned about B.C.’s plan for students in the classroom. He was one of two fathers who filed a court application in August to prevent schools from reopening if stricter COVID-19 protections weren’t in place. That application was dismissed last week. (Contributed photo)
B.C. dad pledges to appeal quashed call for mandatory masks, distancing in schools

Bernard Trest and Gary Shuster challenged health, education ministries’ return-to-school plan

Most Read