Stanley verdict needs to be appealed

Forty years ago, in a U.S. Supreme Court case, Batson v. Kentucky (1986), the judge said “while a defendant is not entitled to have a jury completely or partially composed of people of his own race, the state is not permitted to use its peremptory challenges to automatically exclude potential members of the jury because of their race.”

The court looked at the harm a discriminatory jury would have not just on the defendant and victim, but to the community as any selection that excludes black people undermines public confidence in the fairness of a justice system. It’s common to have other jurisdictions contribute to Canadian law.

Indeed, most principles in Canadian Aboriginal law are based on U.S. decisions. I want the federal court to appeal the Gerald Stanley decision based on, as stated in the Charter of Rights and Freedoms, the need for a “fair and public hearing by an independent and impartial tribunal.” The U.S. had identified unfair practices within its justice system and made changes.

As a First Nation person, the recent not guilty finding for Stanley is terrifying because questions of fairness arise about prosecutions and the entire provincial legal system.

As Saskatchewan residents, we must deal with racism; we need to challenge issues that have been buried openly, honestly and fairly or our young people and province will suffer. For example, this week my niece heard a white man say “another kill” while she was standing in line at a Regina business. Another niece heard at the university “Indians are everywhere.” As a mother of men who are the same age as Colten Boushie, the thought they can never stop at a farmer’s yard without risking death is a real concern. We need Justin Trudeau and the federal government to step up and protect our courts to ensure they are fair and independent for everyone.

Connie Dieter, Regina