‘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

A shop up on Grand Oro Road near Twin Lakes burned down on Monday. (Facebook)
Fire rips through shop in small South Okanagan town

The building was destroyed despite community efforts to fight the fire

(Natalia Cuevas-Huaico - Kelowna Capital News)
Titanic was the largest and most luxurious ship in the world. Photo provided and colourized by Jiri Ferdinand.
QUIZ: How much do you know about the world’s most famous shipwreck?

Titanic sank 109 years ago today, after hitting an iceberg

In a feature article published April 10, 2021 in The Times of London, ‘headlined British Columbia has what it takes to rival Napa Valley,’ the valley is praised extensively for its natural beauty and wine. (File photo)
From the U.K. with love: Okanagan wine, scenery receives international praise

The Times of London newspaper recently featured the valley in a wine and travel piece

The currently vacant lot on Main Street where a Dairy Queen, retail and residential spaces have been approved to go into. (Town of Oliver)
Main Street in Oliver is getting a Dairy Queen and residential units

Oliver council gave its approval to fill the empty lot with DQ and residential units

A person receives a COVID-19 vaccine at a vaccination clinic run by Vancouver Coastal Health, in Richmond, B.C., Saturday, April 10, 2021. THE CANADIAN PRESS
B.C. sees 873 more COVID-19 cases Tuesday, decline continues

Hospitalizations up to 377, two more deaths for 1,515 total

FILE – People hold signs during a memorial march to remember victims of overdose deaths in Vancouver on Saturday, August 15, 2020. THE CANADIAN PRESS/Darryl Dyck
B.C. to request federal exemption for simple drug possession

Announcement comes on 5-year anniversary of B.C.’s first public health emergency

(AP Photo/Matthias Schrader, FIle)
Rare blood clots ‘may be linked’ to AstraZeneca vaccines: Health Canada

One case of the adverse effect has been reported in Canada

Restaurant patrons enjoy the weather on a patio in Vancouver, B.C., Monday, April 5, 2021. The province has restricted indoor dining at all restaurants in B.C. due to a spike in COVID-19 numbers. THE CANADIAN PRESS/Jonathan Hayward
B.C.’s COVID-19 indoor dining, drinking ban extending into May

Restaurant association says patio rules to be clarified

Vernon North Okanagan RCMP are looking for the rightful owners of two standup paddleboards seized in an investigation March 19, 2021. (RCMP)
Is this your SUP?: Vernon police

Two standup paddleboards seized by police to be returned

Two men walk past a sign on Main Street in downtown Vancouver, B.C., Monday, April 5, 2021. THE CANADIAN PRESS/Jonathan Hayward
Calls for government transparency in COVID data continue as B.C.’s 3rd wave wears on

Social media, where both information and misinformation can spread like wildfire, has not helped

Two men were seen removing red dresses alongside the Island Highway in Oyster Bay. (Submitted photo)
Observers ‘gutted’ as pair filmed removing red dresses hung along B.C. highway

Activists hung the dresses to raise awareness for Indigenous Murdered/Missing Women & Girls

A grey whale off the coast of Vancouver Island is being monitored by Canadian and U.S. researchers, as it has developed lesions after being tagged last year. To try and prevent systemic infection from developing, the team administered antibiotics to the whale on March 31 and April 1. (Photo from the NOAA Fisheries website)
Grey whale off Vancouver Island develops lesions after being tagged, researchers monitor its condition

Canadian and U.S. whale experts administered antibiotics to the animal on March 31, April 1

Most Read