Jury makeup issues predate Stanley trial

Few recent court cases in Canada have divided a nation as much as when a jury acquitted Gerald Stanley in the fatal shooting of Colten Boushie. It unleashed an outcry of anger and anguish from Indigenous communities across the country that a Saskatchewan farmer could walk free after fatally shooting a 22-year-old intruder on his property.

From the other edge of the chasm split open first by the deadly encounter in August 2016 and widened by the Feb. 9 verdict, some Canadians said justice was served. Those in this camp say the issue is not race, but protection of property and the menace of rural crime — a legitimate frustration for those living far from police stations.

But how can race not be relevant in a case where a jury that appeared to be all white decided the fate of a white man accused of murdering a Cree man, in a region already riven by hostility between white farmers and Indigenous people? Race may have been a factor when the defence blocked several prospective jurors who appeared to be First Nations members by using peremptory challenges, which allow the refusal of jury candidates without giving reason.

It’s pure speculation to say that another jury, even a more diverse one wouldn’t have reached the same conclusion.

But there is a well-documented problem with fairness and representation in Canada’s justice system and there are road maps already to offer guidance.

Peremptory challenges come up time and again as a trouble spot in the system. A 1988 Manitoba inquiry found Aboriginal people were excluded from a trial because of race and recommended abolishing the practice. Five years ago, a report from former Supreme Court justice Frank Iacobucci made 17 recommendations to fix a “crisis” for Indigenous Canadians in Ontario’s justice system, including cultural training for justice workers, using government databases to expand the pool of potential Indigenous jurors and abolishing peremptory challenges. No recommendations have been adopted.

The federal Liberals have been quick to voice sympathy with Boushie’s family. Justice Minister Jody Wilson-Raybould said she has not ruled out eliminating the use of peremptory challenges but stressed further study is needed before deciding.

Laws shouldn’t be changed based on a single case, but there’s ample evidence from province after province that Canada’s legal system must do a better job to ensure that Indigenous people are better represented on its juries and among those who work in the administration of justice.