‘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

Police tape is shown in Toronto Tuesday, May 2, 2017. Statistics Canada says the country's crime rate ticked up again in 2018, for a fourth year in a row, though it was still lower than it was a decade ago. THE CANADIAN PRESS/Graeme Roy
CRIME STOPPERS: ‘Most wanted’ for the week of May 9

Crime Stoppers’ weekly list based on information provided by police investigators

An injection kit is seen inside a Fraser Health supervised consumption site is pictured in Surrey, B.C., Tuesday, June 6, 2017. THE CANADIAN PRESS/Jonathan Hayward
Hope’s high rate of drug overdose noted in BC Coroners Service report

Up-to-date numbers not available yet for 2021, but Fraser Health deaths on the rise

A map showing where the most number of cases were recorded from April 23 to 29. This map, revealing a breakdown of infections by neighborhood, was pulled from a data package leaked to the Vancouver Sun last week (and independently verified).
36 Abbotsford schools flagged for COVID-19 exposures in the last 2 weeks, shattering record

Clearbrook Elementary recorded an ‘exposure’ on all 11 school days

Screenshot from security footage a young, thin cougar prowling on Oliver Crescent in Sardis on May 7, 2021. (Dustin Meyer photo)
VIDEO: Cougar sighting in residential Chilliwack neighbourhood prompts warning

Springtime cougar sightings likely due to cats following deer down to valley floor, says CO

<a href="Facebook users reported seeing a body on the side of the road this morning." target="_blank"></a>Facebook users reported seeing a body on the side of the road this morning. (File photo)
Man killed in fatal hit-and-run collision between Abbotsford and Chilliwack

Body reported at 6 a.m., police close North Parallel Road, single highway lane as they investigate

(The Canadian Press)
Trudeau won’t say whether Canada supports patent waiver for COVID-19 vaccines

‘Canada is at the table to help find a solution’

Police tape is shown in Toronto Tuesday, May 2, 2017. Statistics Canada says the country’s crime rate ticked up again in 2018, for a fourth year in a row, though it was still lower than it was a decade ago. THE CANADIAN PRESS/Graeme Roy
IHIT investigating after man killed in Burnaby shooting

Police looking for more information on fatal shooting

After Bobby Henderson apologized online for his comments to a Toronto reporter, the Langley Rivermen announced that he was no longer team coach and general manager and in fact, had ‘parted ways’ with the franchise in March. (file/Twitter)
Former Langley Rivermen coach and GM apologizes for comments to Toronto reporter

Bobby Henderson blames stress due to the pandemic for his ‘disparaging’ remarks

The body of Brenda Ware, 35, was found along Highway 93 in Kootenay National Park on Thursday, May 6, 2021. (RCMP handout)
RCMP ask for tips after woman’s body found in Kootenay National Park

Brenda Ware was found along Highway 93 in the park, 54 kilometres north of the town of Radium

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
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

People pass the red hearts on the COVID-19 Memorial Wall mourning those who have died, opposite the Houses of Parliament on the Embankment in London, Wednesday, April 7, 2021. On May 3, the British government announced that only one person had died of COVID-19 in the previous 24 hours. THE CANADIAN PRESS/AP-Kirsty Wigglesworth
For a view of a COVID-19 future, Canadians should look across the pond

Britain, like Canada, is one of the only countries in the world to delay second doses for several months

Edmonton Oilers’ Connor McDavid (97) celebrates his 100th point this season with Leon Draisaitl (29) against the Vancouver Canucks during second period NHL action in Edmonton on Saturday, May 8, 2021.THE CANADIAN PRESS/Jason Franson
Edmonton superstar McDavid hits 100-point mark as Oilers edge Canucks 4-3

NHL scoring leader needs just 53 games to reach century mark

Nuns of Mother Teresa’s Missionaries of Charity, carry some of her relics during a vigil of prayer in preparation for the canonization of Mother Teresa in the St. John in Latheran Basilica at the Vatican, Friday, Sept. 2, 2016. In which city did she do much of her charitable work? (AP Photo/Gregorio Borgia)
QUIZ: How much do you know about these motherhood issues?

In honour of Mother’s Day, take this 10-question quiz

Most Read