Feb 202018

In an opinion piece, Globe and Mail contributor, lawyer Charles Lugosi argues that calls to reform Canada’s jury system in light of the not guilty verdict in the case of the death of Colten Boushie, who was shot by Gerald Stanley, are unwarranted and deeply harmful.

Mr. Lugosi speaks from personal experience. In 1994, he defended a young indigenous man who, fearing for the safety of his wife and child, struck and killed a white man with a tire iron and then turned himself in to police. Judged by an all-white jury, the defendant was acquitted. Despite the outrage of the victim’s family, no one suggested racism after the verdict.

So why the calls for reforming the jury system now? Lugosi argues that it is simply political intimidation. Having looked at news reports providing details of the case, I am compelled to agree. Lawyers back before the verdict warned that the Crown’s case was tenuous and that a not guilty verdict was very much a possibility. Portrayals of the victim and his friends as harmless teenagers looking for help with a flat tire just do not agree with the facts. In reality, this was a drunk, disorderly, armed (!) lot who already ransacked another farm and were attempting to steal a vehicle from Stanley.

So let me be clear. Mr. Colten Boushie, the victim, was “seen as a menace” not on account of his race but on account of his actions. I have no reason to doubt that the jury reached their conclusions on this basis. For populist politicians to then criticize this decision, even as the jury are legally barred from discussing the case or defending themselves against charges of racism, is unconscionable.

I am sure there are plenty of genuine cases of bona fide racism against indigenous people in Canada. In fact, the behavior of the RCMP that night appears to have been far from impeccable. It may very well be that, as some accuse, the justice system is stacked against indigenous people.

And yes, Mr. Boushie is a victim. A victim of his own and his friend’s actions. A victim of circumstances. I’d go so far as to concede that yes, very probably a victim of a system stacked against him, a victim of still existing systematic racism in Canadian society.

But this jury verdict is not outrageous. It is consistent the facts: very simply, the guilt of the defendant was not proven beyond reasonable doubt. That’s all. It does not mean Mr. Stanley is a nice guy. It does not mean Mr. Boushie deserved death. Calls for a reform of the jury system just because a verdict is politically unpalatable undermines the justice system for all. And fueling tensions with unwarranted, politically motivated charges of racism does a disservice to indigenous and white Canadians alike.

 Posted by at 9:08 am