On stolen native land
The federal government’s recent approval of altering the lyrics of O Canada begs the question of whether another politically correct change to the anthem should also be considered.
Probably since O Canada became the anthem, many First Nations people have sung a slightly different opening line, often in jest, sometimes in protest. “O Canada, on stolen native land...” Like the best kind of humour, that joke has a bite that leaves teeth marks and there is ample truth behind it.
There’s no joke to be made, however, over the acquittal of Saskatchewan farmer Gerald Stanley for second-degree murder in the shooting death of Colten Boushie. There is only irony, as sad and bitter as singing “on stolen native land” during O Canada.
There is no question Boushie and his friends were trespassing on Stanley’s farm. There’s one of the tragic ironies right there - the righteous indignation of a white man towards a group of Indigenous people trespassing on his land. Trespassing? His land? Shoe, meet other foot. It’s interesting how easily some people forgive their own trespasses, but are so unwilling to forgive trespasses against them.
There’s also no question that Stanley shot Boushie in the back of the head.
What is up for debate was whether Stanley meant to do it or whether the gun went off accidentally.
The jury found Stanley not guilty of second-degree murder, which simply means that the jurors believed Stanley had no intention of killing Boushie.
By not finding Stanley guilty of a lesser crime, however, the jury erred. All of Stanley’s defenders, including his own lawyer, have portrayed Boushie’s shooting as an accident.
Under the law, deadly mistakes come with consequences. A man waving around a gun that goes off and kills someone, regardless of the circumstances, must be held accountable for that death.
Reading between the lines in the Stanley verdict, one can’t help wonder whether the jurors may have wanted to find Stanley guilty of negligence or manslaughter, but thought four years in jail was too harsh, so they felt they had no choice but to acquit him outright.
Race is important in this case, because Stanley’s defence lawyer made it so. The all-white jury happened after Stanley’s lawyer challenged the inclusion of every single one of the visibly Indigenous individuals whose names were pulled from the jury pool. As an excellent legal discussion Sunday afternoon on CBC Radio’s Cross Country Checkup revealed, Canadian lawyers do not have to give a reason for challenging a potential juror but in the United States, lawyers have limited options to challenge and must provide a non-discriminatory reason to the judge for the challenge, who reserves the authority to reject the request to dismiss the juror.
Imagine the cries of political correctness gone mad if the Crown in this case had challenged all potential jurors who were white, to create a jury made up exclusively of Indigenous individuals. The appeal would write itself.
The law is not perfect, nor are the devoted men and women who devote their lives to enforcing it.
Instead of issuing tweets of support for the Boushie family, Prime Minister Justin Trudeau and his cabinet ministers should keep their crocodile tears to themselves, particularly in a case that could still be before the courts through an appeal.
Instead, they should let their actions do the talking and focus on setting new national standards for jury selection.
As for the law on the books, if Stanley had been convicted and given the minimum four years in prison, that sentence would have been condemned on all sides. Stanley’s supporters would have found it horribly unfair to a law-abiding farmer protecting his private property and his family’s safety.
Boushie’s family would have found four years woefully inadequate for the death sentence their beloved Colten received.
In most emotionally charged disputes in a working democracy, when neither side is happy with the result, that’s probably close to the best possible outcome.
Stanley got the best outcome here but no one else did. That’s a crime to anyone of aboriginal ancestry and it’s unacceptable for all Canadians who believe the fair application of the rule of law is the foundation of our democracy.
Neil Godbout is managing editor of The Prince George Citizen and regular columnist with The Penticton Herald.