Liberals set to reform jury selection process

OTTAWA — The federal government has introduced legislation aimed at overhauling the criminal justice system, a measure that makes good on a Liberal promise to change the way juries are selected.

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.

Justice Minister Jody Wilson-Raybould tabled a massive bill on Thursday that, if passed, 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.

“Our criminal justice system must be fair, equitable and just for all Canadians,” Wilson-Raybould said Thursday.

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 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.

Ian Carter of the Canadian Bar Association applauded the inclusion of two reforms the group had promoted. They included allowing police to refer so-called administration of justice offences — such as breaching probation — directly to a judge without the need to lay fresh criminal charges, and reforming the bail system to cut the number of people incarcerated while awaiting trial.

But those pros are tempered by the bill’s proposed restriction on preliminary inquiries, Carter said, which would reduce the rights of the accused and possibly prolong trials.

“Two steps forward, one step back,” he said.