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Gerald Stanley Verdict: Canada’s Courts Fail Indigenous People Once Again

By: Eruj Hotay

After the acquittal of a white Saskatchewan farmer in the murder of a Cree man, Canadian citizens were outraged by what this verdict says about this country's criminal justice system. 

 

On August 9, 2016, Gerald Stanley, a 56-year-old farmer was charged with the second-degree murder of Colten Boushie, 22, a Cree man from the Red Pheasant First Nation. Boushie and three of his friends stopped at Stanley’s farm due to an alleged flat tire, however, Gerald and his son believed that they were there to rob him. The altercation between the two parties resulted in Stanley fatally shooting Boushie in the head, killing him instantly. Later that day, Stanley was arrested for the murder. On February 9, 2018, Gerald Stanley was found not guilty of second-degree murder of Colten Boushie.

 

The exoneration of Stanley sparked a long-awaited debate in Canadian society. Whether or not minority communities, especially Indigenous minorities, are underrepresented and unfairly treated under Canadian law. The anger over Stanley’s verdict sparked protests and outrage across the country and calls for a change to Canadian criminal justice system. The key issue identified from these protests was the underrepresentation of minority communities on courtroom juries. 

 

Gerald Stanley was acquitted by an all-white jury due to the current jury selection process used in trials. Lawyers from both parties are given a set number of peremptory challenges, allowing them to dismiss potential jury members without reason. The defense took advantage of this, keeping Indigenous people off the jury. Unfortunately, this is not an isolated incident. The criminal justice system in this country has failed Indigenous communities time and a time again and calls for reform have gone ignored.

 

The slogan “no justice, no peace” has been spread across the nation and the demand for a revised justice system can be heard everywhere. However, the question is, will there be justice? Will the Canadian government take the right actions in order to make sure that the criminal justice system reflects all minority groups equally under the law, no matter their race, religion, or gender? A system that sees no human as disposable? 

 

As citizens of this country, we are guaranteed the right to a fair trial, but how fair can a trial be when the entire justice system reflects a largely white community. It is important to remember that Canada has a history of discriminatory treatment of Indigenous people. Although it has come a long way since then, it still has a lot of work to do. Ensuring that verdict like Gerald Stanley’s never happens again will take a great deal of time and effort but in the end, it is what the country stands for; equality and justice for all. 

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