Public comments made by political leaders about the verdict in the Colten Boushie case can鈥檛 undermine the justice system when it comes to Indigenous people because it is already fundamentally broken, says an Indigenous lawyer.
Pam Palmater, associate professor and chair in Indigenous Governance at Ryerson University, says a lack of Indigenous people working within the justice system means they face systematic racism as victims and accused.
鈥淭hat鈥檚 been a problem from the very beginning. No visibly Indigenous police officers, Crown counsel, defence counsel, jury, judges, corrections, I mean, all the way around this is a non-Indigenous system,鈥� Palmater, who is Mi鈥檏maq, told CTV鈥檚 Your Morning Monday.
鈥淪ociety, unfortunately, and government has allowed to move forward dispossession, oppression and racism of Indigenous people with almost complete impunity. And this case is just a prime example of that.鈥�
Protests across Canada over the weekend demanded change after a jury 鈥� which did not include any visibly Indigenous people 鈥� acquitted Saskatchewan farmer Gerald Stanley on Friday of second-degree murder in the shooting death of Boushie in August 2016. Stanley said the shooting was an accident after he confronted four young men who came on to his farm.
Members of the Boushie family met Monday with Indigenous Services Minister Jane Philpott and Carolyn Bennett in Ottawa. They are also scheduled to meet with Public Safety Minister Ralph Goodale and Justice Minister Jody Wilson-Raybould on Tuesday.
鈥淲e have little to no faith in the justice system. We鈥檙e here to talk about that and figure out ways to address that. This is the beginning and I hope that something comes of it,鈥� said Boushie鈥檚 cousin Jade Tootoosis, wearing colourful tribal beads and a black T-shirt reading 鈥淪TRONG, RESILIENT, INDIGENOUS.鈥�
Tootoosis spoke before a group of reporters with Boushie鈥檚 mother Debbie Baptiste, Boushie鈥檚 uncle Alvin Baptiste, and the family鈥檚 lawyer Chris Murphy.
鈥淲e are hopeful to make a change, to achieve justice for Colten,鈥� she said.
The family said the concept of jury reform was raised during meeting with Philpott and Bennett.
鈥淪ome people have stated that race has nothing to do with this process, yet the defence felt threatened by an Indigenous person being on the jury,鈥� she said. Would it have changed the outcome? It may have. But we鈥檒l never know.鈥�
Murphy, the family鈥檚 lawyer, said removing 鈥減reemptory challenge鈥� during jury selection (something much of the U.K. and U.S. have done) is an easy step in remedying a system advocates say is stacked against racial minorities. He said that during jury selection for Stanley鈥檚 trial, he and the Boushie family watched Indigenous people get immediately turned away.
鈥淓verybody wants an impartial jury,鈥� he said, 鈥渂ut there are a lot better ways to determine partiality or bias than looking at a person鈥檚 skin. So let鈥檚 change it. It鈥檚 an easy fix.鈥�
A number of high-ranking government leaders, including the prime minister, have spoken out about the case. Justin Trudeau said the justice system has to 鈥渄o better.鈥� Wilson-Raybould, who is Indigenous, wrote on Twitter: 鈥淢y thoughts are with the family of Colton Boushie tonight. I truly feel your pain and I hear all of your voices. As a country we can and must do better - I am committed to working everyday to ensure justice for all Canadians.鈥�
Philpott tweeted in part: 鈥淲e all have more to do to improve justice & fairness for Indigenous Canadians.鈥�
Critics, including opposition members and some in the legal community, have challenged the appropriateness of political leaders seeming to question a jury鈥檚 findings. Some have said the comments jeopardize the ability to find an impartial jury if there is an appeal.
But Bobby Cameron, Chief of the Federation of Sovereign Indigenous Nations, disagrees.
鈥淧oliticians are just speaking from the heart and they are speaking the truth, so critics will be critics. The fact remains a young man got killed and there was no justice,鈥� he said on Your Morning Monday. 鈥淚 pose this question to all those critics and all those people who think that Gerald Stanley was justified in what he did: What would you do if that was your child? What would you expect? And how would you feel?鈥�
His organization, which represents 74 First Nations groups in Saskatchewan, is demanding both an appeal and federal inquiry. He says he has urged justice officials to listen to those who have experienced the system first-hand.
鈥淭he system is flawed. It was designed to fail First Nations people and many other people. There has to be more positive change and you鈥檙e not going to get any better recommendations (than) from people who have suffered through the justice system, families like the Boushie family.鈥�
Cameron says the Boushie verdict is a 鈥渉uge step backwards鈥� for reconciliation between Canada and its Native people. But he remains hopeful.
鈥淧utting our brains together and minds together and our hearts together should rectify it.鈥�
Palmater, on the other hand, is not hopeful about the family鈥檚 meetings with government leaders.
鈥淚 think, unfortunately, they鈥檙e just going to get more words to try to placate them,鈥� she said. 鈥淭here will be no real commitment for change and that鈥檚 part of the problem with this and other governments, it鈥檚 always been words and less action.鈥�
