本帖由 春风吹 于 2018-02-13 ，07:35 发布。版面名称：渥太华华人论坛
Trudeau to meet with Boushie family after not-guilty verdict prompts wave of anger
Trudeau putting judicial independence at risk with Boushie comments, lawyers say
February 11, 2018 6:49 PM EST
Last Updated February 12, 2018 6:26 PM EST
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Activists, First Nations leaders and some lawyers are demanding change after an all-white jury Friday acquitted a white farmer who shot and killed a young Indigenous man in rural Saskatchewan.
In press conferences, online and at rallies across the country, they pressed the message that Canada’s justice system is broken and must be fixed.
However, some lawyers are worried that politicians now weighing in on the case are going too far and may even be putting the independence of the country’s judiciary at risk with their comments.
“Saying anything that amounts to commenting on the correctness of the verdict, to improve your public image or ensure an appropriate approval rating, should be criticized in Canada,” said Michael Lacy, a partner in the criminal law group Brauti Thorning Zibarras LLP in Toronto.
On Saturday, federal Justice Minister Jody Wilson-Raybould said in a tweet that Canada “can and must do better,” after a jury found Gerald Stanley not guilty of second-degree murder in the shooting death of Colten Boushie.
Prime Minister Justin Trudeau also weighed in at a news conference in California, saying Canada has “come to this point as a country far too many times.”
Edmonton-based criminal lawyer Tom Engel said when politicians, especially the justice minister, appear to criticize verdicts, the public may believe that future decisions by the courts are influenced by the remarks.
Colten Boushie’s mother Debbie Baptiste addresses demonstrators gathered outside of the courthouse in North Battleford, Sask., on February 10, 2018. The Trudeau government is facing criticism and accusations of political interference after several ministers appeared to question the verdict in what had already been one of the most polarizing criminal cases in recent Canadian history. Matt Smith / The Canadian Press
Lacy added that politicians “have no business at all” in commenting on the outcome of a trial. “It undermines the independence of the judicial branch,” he said in an email.
Stanley’s trial heard that Boushie was shot in the head while he was sitting in an SUV that had been driven onto Stanley’s farm near Biggar, Sask. Stanley testified that he was trying to scare off Boushie and the others in the vehicle. He said the fatal shot occurred when he reached into the SUV to grab the keys out of the ignition and his gun “just went off.”
Chris Murphy, a lawyer for Boushie’s family, said Sunday the investigation into Boushie’s death and the subsequent prosecution of Stanley were both fundamentally undermined by systemic and legislative problems in the Canadian justice system.
He believes the RCMP probe of the shooting was lackluster and arguably botched. The Mounties, he said, failed to bring in a specialist interrogator to interview Stanley when he was arrested. The force also declined to fly in a blood expert from Alberta to personally inspect the SUV where Boushie was shot.
“The defence, rightfully so I think, made a big to do about it at the trial, because she had not examined the vehicle, she was going off of photographs,” he said in a telephone interview. “I think the RCMP has got to be asked ‘Why did you not take this case seriously enough to send a blood spatter expert out to look at that vehicle?’.”
The RCMP did not immediately respond to a request for comment Sunday.
Chris Murphy, a lawyer for Boushieâs family, said Sunday the investigation into Boushieâs death and the subsequent prosecution of Stanley were both fundamentally undermined by systemic and legislative problems in the Canadian justice system. LIAM RICHARDS / THE CANADIAN PRESS
Murphy also took issue with the fact that Stanley, despite living in an area with a large indigenous population, was tried by an all-white jury. Stanley’s lawyer was able to use peremptory challenges to prevent any potential jurors who appeared indigenous from sitting in the final panel, Murphy said.
Engel said the case does raise questions about the diversity of a jury and how members are selected. He said politicians could use this an opportunity to look at how legislative changes can improve those processes, while steering clear of discussing the verdict.
However, some believe the Liberals are all Tweet, no action on the justice file.
Michael Spratt, a criminal defence lawyer in Ottawa, said Trudeau’s Twitter comment “borders on impropriety, but it also strikes me as very hollow.”
“Leaving aside the appropriateness of the Tweet (it) demonstrates really the inertia and lip service that this government has paid to criminal justice issues.”
Spratt believes there are legislative and systemic issues that need to be addressed in the Canadian criminal justice system. But he has yet to see any evidence, tweets notwithstanding, that the Trudeau government is interested in making them.
“When you have the person who can introduce changes lamenting the fact that changes are needed and expressing sympathies but taking no action, it rings very hollow,” he said.
“I think there are plenty of things we could do now, but that actually requires doing something.
The federal Conservatives also criticized Trudeau, accusing him of “political interference.”
While some also expressed their condolences to Boushie’s family, they nonetheless blasted Trudeau and his ministers for weighing in on a specific case.
“The tragic death and pain for the family of (Colten Boushie) is unimaginable, and our thoughts are with his community,” Conservative Indigenous affairs critic Cathy McLeod wrote on Twitter.
However, she added, “we need to let the many steps of an independent judicial process unfold without political interference.”
Conservative deputy leader Lisa Raitt and finance critic Rob Nicholson also criticized Trudeau and Wilson-Raybould, with Raitt questioning whether the prime minister and justice minister were implying that the jury arrived at the wrong verdict.
Federal NDP leader Jagmeet Singh tweeted: “There was no justice for Colten Boushie.
“Already Indigenous youth live with little hope for their future, and today they have again been told that their lives have less value. We must confront the legacy of colonialism and genocide so they can see a brighter future for themselves.”
With files from The Canadian Press
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Death of Colten Boushie
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The Death of Colten Boushie refers to the shooting death of 22-year-old Colten Boushie (1993 – August 9, 2016), a resident of the Cree Red Pheasant First Nationin the Canadian province of Saskatchewan.
Boushie and his friends got a flat tire on their SUV after attempting to rob another home owner in the area while drinking and driving and went to a farmhouse owned by fifty-six-year-old local Battleford, Saskatchewan, farmer, Gerald Stanley to seek help. They entered the Stanley property, one of them tried to steal an ATV and their vehicle crashed into one of Stanley's cars. Stanley went to get an old handgun from his house and fired two warning shots in the air. He reportedly attempted to remove keys from the vehicle belonging to Boushie's friend, but in doing so shot Boushie at point-blank range in the head, killing him instantly.Stanley was arrested and charged with second-degree murder. He was acquitted by an all-white jury on February 9, 2018.
The case drew significant attention due to the circumstances of the killing. Furthermore, it invoked a bitter divide across Saskatchewan and Canada. People who supported Stanley generally perceived the trial as fair given the circumstances of events leading up to the shooting. However, supporters of the Boushie family felt like the cards were stacked against them from the beginning of the trial due to the selection of an all-white jury, later describing the jury’s verdict as "shameful".Canadian Prime Minister Justin Trudeau decried the killing, as did two members of the federal Liberal cabinet, Justice Minister Jody Wilson-Raybould and Indigenous services minister Jane Philpott. Members of the opposition Conservatives called criticized these comments for politicizing the trial and discrediting the Canadian judiciary system. The mayor of Saskatoon, Charlie Clark, said the "high-profile trial and its aftermath—which included rallies across Canada—represent[ed] a defining moment for this community and this country".
2Aftermath of the shooting
4.1"Hang fire" claim
According to the police ITO (Information To Obtain warrant), which was produced in August 2016 in the early stages of the investigation[Notes 1] and was obtained by the Globe and Mail on August 9, 2016, twenty-two year old Colten Boushie, his girlfriend, Kiora Wuttunee, Belinda Jackson, her boyfriend, Eric Meechance,and Cassidy Cross-Whitstone, all from the Cree Red Pheasant First Nation, had spent the day swimming and drinking in the Maymont River. Wuttunee's grey 2003 Ford Escape SUV they were riding i, got a flat tire.
The ITO claimed that they first visited a "neighbouring farm belonging to the Fouhy family, where they "attempted to steal vehicles and items"[clarification needed] by trying to smash the window of a truck with a .22 calibre rifle. Cross-Whitstone broke the stock of the rifle in this failed attempt. They then drove unto the Gerald Stanley's property near Biggar, Saskatchewan, in the regional municipality of Glenside, which is about 57 kilometres (35 mi) from their home. According to Maclean's, one of them attempted to start Stanley's ATV. Stanley's son Sheldon chased him away. No property charges were laid.
The post-trial February 11, 2018, Maclean article also reported that Sheldon Stanley smashed the Ford Escape SUV's windshield with a hammer. The father and son had been repairing a fence. Gerald Stanley's wife Leesa was mowing the lawn not far away, when the SUV drove up. The SUV "crashed into Stanley’s wife's car and came to a halt".
Stanley took a semi-automatic handgun from his shed, loaded it and "fired warning shots in the air" as Cross-Whitstone and Meechance ran from the ATV.
Stanley then approached the SUV with Boushie in the front passenger seat and Jackson and Wuttunee in the back. Stanley said he tried to turn off the ignition key with his left hand while he was holding his handgun in his right hand. According to a February 2018 Toronto Star article, he said the gun went off accidentally. He shot Boushie, who witnesses claim had a loaded .22-caliber rifle between his legs, in the "back of the head at point blank range" at c. 5:30 PM.
Aftermath of the shooting
Boushie’s supporters expressed frustration with the "flawed and inadequate" police inquiry. They said the inquiry "initially focused more on the actions of the five young Indigenous people than on the killing of Mr. Boushie." The person initially in charge of the investigation was a junior constable; no forensic experts were brought in. The Ford Escape SUV where Boushie was killed, was "left uncovered, its doors open, for two rainy days, washing away evidence."
On August 10, 2016, a media release from the RCMP said, "A man was declared dead at the scene. Another man 'associated to the property' was arrested by police at the scene without incident. No charges were immediately laid. Three occupants of the vehicle—one woman, one girl and one man—were taken into custody as part of a related theft investigation, police said. Police later identified and located a fourth boy who was in the vehicle. Police on Thursday said "charges are still being considered with respect to some property-related offences pending further investigation".
This release explained that the witnesses to Boushie's killing were taken into custody "as part of a related theft investigation". None of them was charged.
On August 12, the Federation of Sovereign Indigenous Nations (FSIN) representing 74 First Nations in Saskatchewan, issued a media release expressing disappointment in the way the RCMP presented the shooting incident. The RCMP statement "provided just enough prejudicial information for the average reader to draw their own conclusions that the shooting was somehow justified. The messaging in an RCMP news release should not fuel racial tensions ... The media's initial portrayal of the event made the incident sound like a crime was about to be committed by the passengers in the car." The FSIN called for a review of the RCMP's communication policies and writing guidelines". The RCMP news release was biased and not in line with the relationship the FSIN and the RCMP have been building with measures such as the RCMP FSIN Partnership Protocol."[clarification needed]
The FSIN blamed the RCMP's August 10 statement for "racially charged social media posts" that were posted on the Saskatchewan Farmers Group's Facebookpages with photos of "farmers carrying firearms". The RCMP Superintendent held a press conference requesting "residents to put their guns away". The Federation said that the RCMP media release "made it appear that Boushie's killing was justified" by the "right to defend" and that the way the RCMP shared information about the incident had fueled racial tensions in Saskatchewan.
On the same day, the RCMP responded to the August 12 FSIN statement.
Three days after the shooting, on August 12, 2016, CBC News reported that the "event had stimulated a lot of discussion on various social media platforms".Paul Dornstauder, CBC's Executive Producer for Radio Current Affairs in Saskatchewan, described how "there was a vigorous and at times rancorous debate about what had happened and why, some of which was racist".
The article itself, published by CBC, was also the subject of investigation by CBC's ombudsman, following CBC's receipt of 25 complaints from readers concerned that "it was wrong of CBC News to publish this article, that it fed into a racist argument about Indigenous peoples that saw Mr. Boushie as a menace. It was seen as an endorsement of the use of violence by some readers." One complainant asserted that the article mistakenly linked "property rights" to Boushie's death. The complainant called the article "irresponsible and damaging" as it "could fan racist sentiment". The article has since been revised. Dornstauder described "this story as having had an electrifying effect in Saskatchewan". It is "complex and controversial", requiring sensitivity and "likely will continue to for some time to come".
On August 15, Saskatchewan Premier Brad Wall called the comments "unacceptable, intolerant and a betrayal of the very values and character of Saskatchewan". He described them as "dangerous". More than five hundred comments representing both sides of the debate appeared on Wall's Facebook page in response to his remarks.
By August 17, 2016, the National Farmers Union published a statement in which they expressed their "profound sadness over the tragic shooting of Colten Boushie", and extended "deepest condolences to his family and community" and "as farmers", condemned "the rampant racist remarks that have circulated since the death of Colten Boushie, including comments made on the 'Saskatchewan Farmers' Facebook group".
Robert Innes, a University of Saskatchewan professor, described the "racial tension" in Saskatchewan as a "tinder box" with "some farmers" "blaming First Nations people for rural crime. Their mentality is to protect their property."[not in citation given]
Gerald Stanley's bail hearing was held in North Battleford on August 18, 2016. There were hundreds of people protesting outside the North Battleford court house with RCMP on rooftops observing. The crowd was angry when Stanley was granted bail on a $10,000 cash surety.
"I know this is an emotional case and I know that people are very vested in what's happening, but that can't happen. It's not a sporting event where we're rooting for one team or another."
— Saskatchewan Chief Justice Martel D. Popescul February 8, 2018. Court of Queen's Bench, Battleford, Saskatchewan
The trial took place from January 30, 2018, to February 9, 2018, at the Court of Queen's Bench Saskatchewan in Battleford with Saskatchewan Chief Justice Martel D. Popescul presiding.
The jury selection system allowed trial lawyers to use "peremptory challenges" to reject potential jurors without giving a specific reason. Seven hundred fifty people were summoned for potential jury duty from the Battleford Jury Boundary, a huge area that stretches to the north of Saskatchewan. The pool which was almost double the size was enlarged to help secure a more representative jury. They were randomly selected from health cards. Although there were First Nations who showed up for the jury, all were rejected. The jury was all white. By February 11, members of the Boushie family were in Ottawa to advocate for justice. Among other things, they are calling for "an end to peremptory challenges in jury selection, which were used in Mr. Stanley's trial to block every potential juror who appeared to be Indigenous".
During the trial, Stanley's attorney Scott Spencer said there was "no evidence" that Stanley intentionally killed Boushie. By February 8, 2018, the jurors were deliberating on a verdict behind closed doors. Judge Popescul "warned people in the gallery about making comments during tense trial". According to a CBC News article, Popescul said "it was the first time in his long career that he had to say that in court based on a complaint from a juror".
"Hang fire" claim
The defense case relied heavily on a claim that the fatal shot was unintentional and the result of a hang fire.
Stanley was acquitted on February 9, 2018. Chief Clint Wuttunee stated that "an all-white jury formed the twisted view of that obvious truth and found Stanley not guilty".
"The case has exposed an ugly side in rural Saskatchewan—landowners who blame Indigenous people for high rates of property crime and First Nations who bear the brunt of that racism and hate."
— APTN News February 8, 2018
The story attracted widespread attention from social media and mainstream media, including an article in The New York Times.
Following the announcement of the acquittal, about 1,000 people, including the mayor of Saskatoon, Charlie Clark, gathered at a rally at the Saskatoon court house to show support for Boushie's family and to express frustration with the acquittal. Other rallies and vigils took place in Battleford, Winnipeg, Halifax, Nova Scotia, Toronto, and Ottawa to challenge the verdict. Clint Wuttunee, Chief of the Red Pheasant First Nation, called the verdict "absolutely perverse".
In response to the verdict, Federation of Sovereign Indigenous Nations's Vice-chief David Pratt, challenged the jury selection system, saying that "defence counsel used peremptory challenges to block every potential juror who appeared to be Indigenous". Prime Minister Justin Trudeau issued a statement on February 10, saying, "I am going to say we have come to this point as a country far too many times. Indigenous people across this country are angry, they're heartbroken and I know Indigenous and non-Indigenous Canadians alike know that we have to do better." Saskatchewan Premier Scott Moe said he would be meeting with Trudeau and with First Nations leadership.
At a press conference hosted by Saskatoon Tribal Council, Mayor Clark described the "high-profile trial and its aftermath—which included rallies across Canada—represent a defining moment for this community and this country". The Saskatoon StarPhoenix reported that Clark called for a "prompt reckoning across the country" as the acquittal had sparked "anxiety and anger". Many chiefs across Saskatoon, including Northern communities, traveled to Saskatoon to attend the rally.
The Royal Canadian Mounted Police (RCMP) issued a statement to remind concerned parties to "conduct themselves in a peaceful and civil manner regardless of the outcome", warning that "people will be held responsible for what they say or post online and police will investigate any complaints of suspected criminal behaviour". Canadian Justice Minister and Attorney General of Canada Jody Wilson-Raybould made a comment in a Tweet that Canada "can and must do better".
On February 10, thousands attended rallies across Canada in a day-of-action activities to support Boushie's family. About 200 people gathered at Toronto's Nathan Phillips Square to protest the verdict that day. On February 12, over 300 people gathered to march from Calgary City Hall to Reconciliation Bridge, in temperatures and wind chill that felt like -28 C., to show support for Colten Boushie's family. 
By February 11, Colten Boushie's mother Debbie Baptiste, his sister Jade Tootoosis, and uncle Alvin, had traveled to Ottawa from their remote community for potential meetings with Wilson-Raybould, Public Safety Minister Ralph Goodale and other ministers, to advocate for justice. Along with calling for an end to peremptory challenges in the jury selection system, they are also also challenging "a number of systemic problems in the justice system, as well as specific complaints arising from the way Mr. Boushie's death was investigated and prosecuted."
Jump up^ The ITO document] la[id] out in detail for the first time the police perspective on the facts of the case and the information gathered in the early stages of the investigation. These documents are intended to persuade a judge to issue a warrant; they are not produced with balance in mind, nor do they weigh possibilities that run counter to police theories, but they must be full, frank and fair."
Racism in Canada
Boushie, 22, was killed by a single gunshot to the back of his head after an altercation between Stanley, Boushie and four other young adults from the Red Pheasant Cree Nation on Aug. 9, 2016. They had driven an SUV onto Stanley's rural property near Biggar, an hour's drive west of Saskatoon.
Stanley testified he had fired warning shots and, as he approached the SUV, believed his gun was empty.
He said when he reached inside Boushie's SUV to turn it off, the gun went off accidentally, but that he never pulled the trigger.
At the end of the trial, the jury was left with three choices: convict Stanley of second-degree murder, convict him of the lesser charge of manslaughter, or acquit.