Khill acquittal does not prove justice system is racist
Sometimes bad things just happen. This seems to have been the case with Jon Styres, who in February 2016 was shot and killed as he tried to break into a Hamilton man’s pickup truck.
On Wednesday, the shooter — Peter Khill — was acquitted of second-degree murder. He claimed he had acted in self-defence and the jury believed him.
In most instances, that would have been that. The story would have merited a brief mention in local media and almost certainly would not have been treated as national news.
But Khill is white and Styres is Indigenous, a member of the Six Nations. In an era obsessed with identity politics, this made the shooting and acquittal Capital-N news.
Critics said the verdict revealed once again the systemic racism that underlies Canada’s justice system. “How can Indigenous people have faith in the relationship with Canada when the justice system fails to hold anyone accountable for the taking of a life?” said Ava Hill, the elected Six Nations chief. The verdict was immediately compared to the acquittal of Saskatchewan farmer Gerald Stanley, who in 2016 shot and killed a young Indigenous man named Coulten Boushie.
The killing of Styres was indeed tragic. He was 29 and had two kids. A good argument can be made that the jury made the wrong decision in acquitting Khill of all charges. But does the verdict mean the Canadian justice system is racist? I don’t think so.
First, there is no evidence that race entered into Khill’s thinking. He said he was awakened in the middle of the night by the sound of someone trying to break into his vehicle. He loaded his shotgun and went out in his boxer shorts to confront the intruder. He said it was so dark he couldn’t make out who the would-be burglar was. As his lawyer told the court, he certainly didn’t know that the intruder was Indigenous.
Indeed, as photos published by the Star show, Khill and Styres — both of dark-haired and dark-eyed — bear an uncanny resemblance to one another.
Second, in the wake of the controversial Boushie verdict, the lawyers and court went out of their way to keep the trial bias-free.
Crown and defence attorneys agreed to ask all potential jurors whether their views would be influenced by the fact that the victim was Indigenous and the accused white. According to the CBC, three potential jurors were weeded out.
It’s not known if any of the seven men and five women who ended up chosen for the jury were Indigenous. Those kinds of questions are not asked in Canada. One of the jurors, CBC reported, was a visible minority.
During the trial itself, race came up only once. During his summation, the defence attorney noted that it was too dark for Khill to see that the intruder was Indigenous.
Third, the verdict, while perhaps counterintuitive, was not unprecedented. In Canadian law, homeowners are not given carte blanche to protect their property. But they can be given some leeway. Last week, for instance, all charges were dropped against farmer Eddie Maurice of Okotuks, Alta., who, back in February, shot and wounded an intruder on his property. Maurice had been charged with aggravated assault and improper use of a firearm. But the Crown backed down after police determined that Maurice hadn’t deliberately aimed at the person he shot.
Incidentally, neither the wounded man nor his alleged female accomplice, both of whom have been charged with theft, are Indigenous. So this story didn’t get much play outside Alberta.
Did the acquittal of Peter Khill serve justice? The jury had only three choices: convict him of second-degree murder (homicide with intent to kill); convict him of manslaughter; accept his claim that he believed his life was in danger and declare him not guilty.
Had I been on that jury, I probably would have pressed for manslaughter. I found Khill’s assertion that he feared for his life to be unconvincing.
But I wasn’t on the jury and didn’t hear the evidence. Unless the Crown takes the unlikely step of appealing the verdict, I will accept the jury’s decision. I suggest others do the same. Twitter: @tomwalkom