Man gets new trial over lack of aboriginal jurors

Ontario’s top court ordered a new trial Friday for a man convicted of killing his friend after concluding that his rights had been violated because the province failed to ensure adequate aboriginal representation when it assembled its list of potential jurors.

One legal expert said the ruling has the potential to influence court decisions in other areas in Canada with large aboriginal populations.

“Perhaps the inclusion of a multiplicity of personalities and perspectives can act as a safeguard against innocent conviction,” said David Milward, a University of Manitoba law professor. “Other courts could pick up on (the decision) and build on that.”

In 2008, a non-aboriginal jury in Kenora, Ont., convicted Clifford Kokopenace of manslaughter in the stabbing death of his friend on the Grassy Narrows reserve. As part of an appeal, his lawyers argued that the jury that convicted him was drawn from a larger list of potential jurors that failed to include adequate representation from aboriginal on-reserve residents, violating Kokopenace’s charter rights.