‘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)

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

(THE NEWS – files)
Snowy days ahead for the Okanagan and Shuswap

The region could get up to 5 cm by Thursday

Penticton Search and Rescue completed two rescues in succession of each other Saturday, Jan. 23, 2021 afternoon. (PENSAR / Facebook)
Penticton Search and Rescue members execute back-to-back rescues

PENSAR had barely completed their first rescue of the day when they received a second call

MP Richard Cannings
NDP chooses Cannings again for next federal election

If there is a snap election, the long-time MP for South Okanagan West Kootenay will be ready

People skate on a lake in a city park in Montreal, Sunday, January 10, 2021. THE CANADIAN PRESS/Graham Hughes
The end of hugs: How COVID-19 has changed daily life a year after Canada’s 1st case

Today marks the one year anniversary of COVID-19 landing in Canada

Snow covers Main Street in downtown Penticton Monday morning, Jan. 25, 2021.
First snowfall of 2021

Chances of light snow all week

Rose Sawka, 91, waves to her son through the window of a care home in Prince Rupert in October. Residents of the care home received their first vaccine dose Jan. 20. (K-J Millar/The Northern View)
B.C. care home visitor access to expand by March, Dix says

Staff, residents, essential visitors top priorities for vaccine

Group of cowboys on horses out rounding up cattle, 1888. The Greater Vernon Museum and Archives is celebrating Vernon Winter Carnival’s Wild West theme with a virtual trip back in time looking at the ranching days. (GVMA #5021)
Museum rounds up North Okanagan’s wild west past

Vernon Winter Carnival event, Meanwhile…Back at the Ranch, Feb. 9

Virtual programming will assist the Allan Brooks Nature Centre Society in spreding environmental education. (ABNCS photo)
North Okanagan nature centre online with gaming grant

Allan Brooks Nature Centre Society benefits from provincial funds

Three cars had their tires slashed in Vernon over the weekend. (Contributed)
Tires slashed at three North Okanagan residences

RCMP investigating Okanagan Landing-area incidents

Kyrell Sopotyk was drafted by the Kamloops Blazers in 2016 and played two seasons with the Western Hockey League club. (Photograph By ALLEN DOUGLAS/KTW)
Kamloops Blazer paralyzed in snowboarding accident sparks fundraiser for family

As of Jan. 24, more than $68,000 had been raised to help Kamloops Blazers’ forward Kyrell Sopotyk

Rodney and Ekaterina Baker in an undated photo from social media. The couple has been ticketed and charged under the Yukon’s <em>Civil Emergency Measures Act</em> for breaking isolation requirements in order to sneak into a vaccine clinic and receive Moderna vaccine doses in Beaver Creek. (Facebook/Submitted)
Great Canadian Gaming CEO resigns after being accused of sneaking into Yukon for vaccine

Rod Baker and Ekaterina Baker were charged with two CEMA violations each

(Pixhere photo)
B.C. dentists argue for COVID-19 vaccine priority after ‘disappointing’ exclusion from plan

Vaccines are essential for dentists as patients cannot wear masks during treatment, argues BCDA

The fine for changing lanes or merging over a solid line costs drivers $109 and two penalty points in B.C. (Screenshot via Google Street View)
B.C. drivers caught crossing, merging over solid white lines face hefty fine

Ticket for $109, two penalty points issued under Motor Vehicle Act for crossing solid lines

Auldin Maxwell stacks the 693rd block on the top of record-breaking Jenga tower on Nov. 29. (Submitted)
Salmon Arm boy rests world-record attempt on single Jenga brick

Auldin Maxwell, 12, is now officially a Guinness world record holder.

Most Read