By Tyler Marr

Stanley Trial

‘It is far from over’: Push for reform continues one year after Stanley verdict

Feb 8, 2019 | 5:40 PM

It was a bitterly cold February night when a jury, after deliberating for 13 hours, shuffled into a Queen’s Bench courtroom in Battleford and acquitted Gerald Stanley in the shooting death of Colten Boushie.

The 22-year-old from the Red Pheasant Cree Nation was killed on Stanley’s farmyard near Biggar in August 2016.

The mother of Colten Boushie, Debbie Baptiste, is seen leaving Court of Queen’s Bench in Battleford on Feb. 9, 2018. (battlefordsNOW Staff/Angela Brown)

During his trial, Stanley testified the Ford Escape Boushie was driving pulled up to a quad and someone tried to start it — at which point Stanley and his son yelled and ran toward the vehicle.

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The Escape ended up crashing and Stanley said he grabbed a Tokarev semi-automatic pistol and fired warning shots into the air. He said he believed the gun was empty when he walked up to the SUV and attempted to turn it off, struggling with the driver.

He said the gun “just went off.”

Gerald Stanley was acquitted of the shooting death of Colten Boushie one year ago. (battlefordsNOW Staff/Angela Brown)

Saturday marks one year since the verdict that drew international attention and triggered wide spread and immediate reaction came down. Thousands across the nation decried systemic racism in Canada’s justice system, while those fed up with rampant crime plaguing rural areas saw justice in the decision.

Protests erupted from coast to coast to coast, and a camp was established on the lawn of the Saskatchewan legislature and remained there for over six months.

Eleanore Sunchild, a lawyer who represented the Boushie family, said the activism was fuelled by the thought of this occurring to other Indigenous youth.

“It is not about Gerald Stanley at all. It is about ensuring the safety of our children and our future generations so that this doesn’t happen again,” Sunchild said. “Our children need to be protected.”

In the immediate aftermath of the verdict, Prime Minister Justin Trudeau and former-Justice Minister Jody Wilson-Raybould weighed in on the decision. Via Twitter Wilson-Raybould said as a country “we can and must do better — I am committed to working every to ensure justice for all Canadians.”

But others quickly fired back, expressing concern about politicians weighing into the judicial process.

For the past year, Sunchild has been deeply involved in the push for justice reform alongside the Boushie family.

It started with a meeting between them and the prime minister in Ottawa. Just two months later, the federal government brought forward legislation to abolish peremptory challenges, which allow lawyers to reject potential jurors without having to provide a reason.

“If they go through, these are probably the most fundamental changes to the jury system that I’ve seen in 30 years of teaching criminal justice,” Kent Roach, a law professor at the University of Toronto who recently published a book about the Stanley case said.

Colten Boushie’s uncle Alvin Baptiste exits Court of Queen’s Bench in February 2018. (file photo/battlefordsNOW Staff)

Two years after his shooting death, the family launched a civil suit against Stanley and the RCMP. The lawsuit claims the Red Pheasant man’s death was a result of Stanley’s “negligent, reckless or intentional acts.” A separate court filing calls for $1.45 million in damages to be paid by members of the RCMP.

Sunchild said the civil action remains ongoing, as does continued advocacy “to shed light on the systemic injustices within the current justice system that this family experience and is also, unfortunately, the experience of other Indigenous people’s within the system.”

Family members later took their concerns to the Assembly of First Nations. While in Ontario, Sunchild said they met with a family from the Six Nations of the Grand River First Nation which encountered similar experiences with the justice system.

“It is these families concerns that the current justice system does not include them and protect their interests when Indigenous people are killed by non-Indigenous people,” Sunchild noted.

Sunchild and Boushie’s relatives have lobbied the United Nations Permanent Forum on Indigenous Issues in New York to fully investigate the matter.

They are now pushing for a public inquiry or for a Royal Commission to examine, what Sunchild called the “systemic discrimination Indigenous people face in the criminal justice system.”

“There will be more developments to come that will shed full light into this matter and will inform and educate the public as to the full story as this case,” Sunchild said. She added she couldn’t yet speak to specifics.

“It is far from over,” she said.

Jade Tootoosis speaks to the media outside of court last February. (file photo/battlefordsNOW Staff)

Members of the Civilian Review and Complaints Commission (CRCC) are currently investigating RCMP conduct following Boushie’s death in 2016.

While the Saskatchewan RCMP could not speak directly to the incident or investigation, it issued a statement which noted the incident provided them “with an opportunity to evolve.”

“Through community consultation with the people we serve, we have gathered and continue to gather information to help us improve the service we provide,” the statement said. “We continue to work to strengthen our relationships with Indigenous persons in Saskatchewan.”

Examples of these include the Commanding Officer’s Indigenous Advisory Committee that provides advice and insight on issues that affect Indigenous people, providing training that gives members knowledge of Indigenous and First Nations culture and consulting with the Indigenous Policing Services Unit prior to issuing media releases that may involve Indigenous people.

The Saskatchewan RCMP said they are also creating a Reconciliation Strategy. At this time, the strategy is in the consultation phase and is expected to be in place within the next several months.

To combat rural crime, the RCMP said members are “re‑energizing” Rural Crime Watch and Citizens on Patrol Programs, establishing Crime Reduction Teams to track chronic, prolific offenders and strengthening partnerships with provincial branches of enforcement.

“Developing our relationships with all Saskatchewan people remains a top priority for us as it is strong community relationships that are critical to effective, efficient policing and community safety,” the statement said.

Court of Queen’s Bench in Battleford. (file photo/battlefordsNOW Staff)

Debbie Baptiste said she has lost hope in finding justice for her son.

“I just have to keep living a nightmare over and over again,” Baptiste said in an interview this week. “It doesn’t get better. Time did not heal.”

Boushie’s relatives will gather Saturday to mark the anniversary of the verdict at The Chapel Gallery for a pipe ceremony and vigil, which is open to the public.

— with files from The Canadian Press

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tyler.marr@jpbg.ca

On Twitter: @JournoMarr