NDP leader Singh says Stanley acquittal ‘an injustice’
OTTAWA — The Liberal government will propose Criminal Code changes next month to reform jury selection rules, bail processes and other justice measures that it says have long led to unfair treatment of Indigenous people in Canada’s legal system.
It comes on the heels of the controversial acquittal of a Saskatchewan farmer in the death of Colten Boushie, a 22-year-old Indigenous man fatally shot in 2016 — a case that the NDP leader Jagmeet Singh on Tuesday branded “an injustice” and a failure of the “court process (because it) didn’t result in justice for that life that was taken.”
The trial of Gerald Stanley — from start to finish — has become a rallying cry for justice by Boushie’s family, and now a catalyst for change in the eyes of the Trudeau government.
Justice Minister Jody Wilson-Raybould told reporters reforms are coming “very soon” and would “recognize that the overrepresentation of Indigenous peoples in the criminal justice system, whether it be victims of crime or in jails, needs to be addressed.”
An official said a substantive reform package could come in a bill to be tabled in late winter or early spring, with an eye on the week of March 19.
Wilson-Raybould signalled changes to jury selection rules, including the elimination of what are called “peremptory challenges,” which allow prosecutors and defence lawyers to object to a certain number of potential jurors — depending on the type of crime — without specifying any reason. But she also acknowledged that the job of enlarging jury pools to include meaningful participation by Indigenous citizens lies largely with provinces, who are responsible for the administration of justice.
“We can make changes to the Criminal Code to eliminate peremptory challenges but we have to work with the provinces and territories to ensure there are Indigenous peoples that are in the jury pool, (to look at) how they notify those individuals, (and at) why Indigenous communities feel disenfranchised or marginalized away from the system.”
Wilson-Raybould said “myriad” other improvements could be made, including restorative justice and rehabilitation measures, ways to address trial delays and new sentencing measures such as expanded drug treatment courts.
An official said the bill is likely to reflect long-standing discussions among federal, provincial and territorial justice ministers about changes to bail procedures.