Liberals say bill will cut costs, improve jury selection
OTTAWA — The federal government is proposing major changes to the criminal justice system to address criticism that it’s biased against Indigenous people and other marginalized groups, as part of sweeping legislation introduced Thursday.
The massive bill, tabled by Justice Minister Jody Wilson-Raybould, makes good on a Liberal promise to change the way juries are selected but makes no movement on reducing the use of mandatory minimums.
If passed, it would eliminate the use of peremptory challenges, which allow lawyers to reject jury candidates during the selection process without providing a reason for doing so.
That measure comes in the wake of criticism that a number of visibly Indigenous people were excluded from the jury that last month acquitted Saskatchewan farmer Gerald Stanley, 56, in the shooting death of Colten Boushie, 22, a member of the Red Pheasant First Nation.
“Our criminal justice system must be fair, equitable and just for all Canadians,” WilsonRaybould said.
Lawyers would still have the right to challenge a potential juror for cause, but the legislation would empower the judge to decide.
Speaking through a family friend, Boushie’s mother, Debbie Baptiste, said she’s pleased about the proposed changes and hopes the presence of Indigenous jurors will translate into more justice for Indigenous Peoples.
The prospect of something good coming out of her son’s death gives her hope for the future, Eleanore Sunchild said on behalf of Baptiste.
The bill includes other measures aimed at tackling court backlogs plaguing the criminal justice system, including by restricting the use of preliminary inquiries to cases where an adult offender is facing the possibility of a life sentence, such as for murder or kidnapping.
That would reduce the number of preliminary inquiries across the country — about 9,100 of them in 2014-15 — by 87 per cent, said officials from the Justice Department who provided a technical briefing to reporters on the condition of anonymity.
The government also argues that restricting the use of preliminary inquiries will help prevent victims and witnesses who might have experienced trauma, especially in cases involving sexual assault or child abuse, from having to testify more than once.
The Ontario government had advocated limiting preliminary inquiries even more, to cases of murder and treason, but Attorney General Yasir Naqvi said he’s pleased with how far the federal changes go.
Naqvi also said fewer preliminary inquires would free up resources.
The bill will also address a Liberal campaign promise to crack down on intimate partner violence, including by reversing the onus on bail for those previously convicted of violence against a current or former spouse, common-law partner or dating partner.
Intimate partner violence would also be considered an aggravating factor in sentencing and the bill would allow for the possibility of higher maximum sentences for repeat offenders.
Prime Minister Justin Trudeau tasked WilsonRaybould with reviewing changes to the criminal justice system and the sentencing reforms brought in by the previous Conservative government as part of its tough-on-crime agenda, including the impact on Indigenous Peoples and other marginalized groups.