Bill Graveland, The Canadian Press
Sunday, December 30, 2018 10:14 a.m.
CALGARY – Legal experts propose changes to the Criminal Code after a strong prophecy of violence against indigenous violence.
The important changes in a federal bill passed by a third reading, including the selection of jury members and the perimeter of challenge for the use of provisional queries. The constant challenge allows judges to eliminate a jury, giving reasons.
Calgary lawyer Balfour Der has worked as a prosecutor and 38 lawyer lawyer, said the proposed changes are a knee-jerk reaction, a 22-year-old Cree man murdered by a jury of a Saskatchewan farmer.
"The government's reaction is to satisfy a group of people who have complained about the following complaints," said the last conversation.
"I can not imagine anything in the jury's choice that the two sides do not have peremptory challenges. You are not looking for a member of your jury but are looking for an impartial jury."
Potential Indians of Salman released a jury election to prosecute Gerald Stanley. Farmers say that, unexpectedly, Colten Boushie pulled the back of his head when a group of indigenous people marched near Stanley's farm near Biggar, Sask, in August 2016. There was no secondary murder in February.
He reacted to the ruling country. Bousley family, academics and politicians said the acquittal emphasized systemic racism in the justice system and called for changes, specifically for jury members.
Federal Justice Minister Jody Wilson-Raybould agreed. After removing the challenges, the judges said they were representatives of the Canadian population.
"The punishment of our justice system must be correct, correct and for all Canadians," said Wilson-Raybould at the time.
Lawyers would have a reason to claim a potential judge, but the law would decide whether to judge the judge.
Der, the author of a jury's textbook, said that "forbidding challenges" would be linked to the first 12 friends who refuse to be president. "
"I do not know how the First Nations will be doing the Jurists".
Lisa Silver, University of the Law professor of Calgary, who appeared in the parliamentary committee that examined the bill, said Stanley's judgment was the result of several factors.
"It's not a complete answer to get rid of lifelong challenges," said Silver. "Some defense counselors suggest that they have used peremptors of their indigenous clients, and that they have been for their sake".
Silver, Der and Calgary defense lawyer Alain Hepner said the best solution would be to select prospective jury pools. The list comes from voters' enrollments, driving licenses or renewal of identification.
"Aboriginal names are very easy," said Hepner. "These names are obvious, so we have got the jury members".
The proposed legislation would also reduce preliminary consultations due to offenses committed by prison. There are instructions to find out if there is sufficient proof of inquiries for testing.
This change comes from the resolution of the Supreme Court of 2016, which can take a long time in the case of delaying the claim of a criminal case. According to the Jordanian declaration, the forensic court must prove within 18 months and be heard within 30 months of the High Courts.
Silver budget trials allow the courts to increase the strength of one case and be responsible for the initial claims.
"Legislative draft was the power of state power," said Silver
The listening does not take much time, said Der.
"The previous consultations do not delay, so that they can accelerate the real trial of both witnesses, witnesses, problems, what is not a problem".