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Canadian Justice, Indigenous Injustice

The Gerald Stanley and Colten Boushie Case

by (author) Kent Roach

Publisher
McGill-Queen's University Press
Initial publish date
Jan 2019
Category
General, Indigenous Studies, Indigenous Peoples
  • Hardback

    ISBN
    9780773556386
    Publish Date
    Jan 2019
    List Price
    $34.95
  • Hardback

    ISBN
    9780228000730
    Publish Date
    Aug 2019
    List Price
    $34.95
  • Paperback / softback

    ISBN
    9780228012122
    Publish Date
    Feb 2022
    List Price
    $27.95

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Description

In August 2016 Colten Boushie, a twenty-two-year-old Cree man from Red Pheasant First Nation, was fatally shot on a Saskatchewan farm by white farmer Gerald Stanley. In a trial that bitterly divided Canadians, Stanley was acquitted of both murder and manslaughter by a jury in Battleford with no visible Indigenous representation. In Canadian Justice, Indigenous Injustice Kent Roach critically reconstructs the Gerald Stanley/Colten Boushie case to examine how it may be a miscarriage of justice. Roach provides historical, legal, political, and sociological background to the case including misunderstandings over crime when Treaty 6 was negotiated, the 1885 hanging of eight Indigenous men at Fort Battleford, the role of the RCMP, prior litigation over Indigenous underrepresentation on juries, and the racially charged debate about defence of property and rural crime. Drawing on both trial transcripts and research on miscarriages of justice, Roach looks at jury selection, the controversial “hang fire” defence, how the credibility and beliefs of Indigenous witnesses were challenged on the stand, and Gerald Stanley's implicit appeals to self-defence and defence of property, as well as the decision not to appeal the acquittal. Concluding his study, Roach asks whether Prime Minister Justin Trudeau's controversial call to “do better” is possible, given similar cases since Stanley's, the difficulty of reforming the jury or the RCMP, and the combination of Indigenous underrepresentation on juries and overrepresentation among those victimized and accused of crimes. Informed and timely, Canadian Justice, Indigenous Injustice is a searing account of one case that provides valuable insight into criminal justice, racism, and the treatment of Indigenous peoples in Canada.

About the author

Kent Roach is a professor of law and the Prichard-Wilson Chair of Law and Public Policy at the University of Toronto Faculty of Law. He is a graduate of the University of Toronto and of Yale University, and a former law clerk to Justice Bertha Wilson of the Supreme Court of Canada. Professor Roach has been editor-in-chief of the Criminal Law Quarterly since 1998. In 2002, he was elected a Fellow of the Royal Society of Canada and in 2013 he was one of four academics awarded a Pierre Elliott Trudeau Fellowship. He is the author of twelve books, including Constitutional Remedies in Canada (winner of the Walter Owen Prize); Due Process and Victims’ Rights (shortlisted for the Donner Prize); The Supreme Court on Trial (shortlisted for the Donner Prize); Brian Dickson: A Judge’s Journey (winner of the Dafoe Prize; co-authored with Robert J. Sharpe); and The 9/11 Effect: Comparative Counter-Terrorism (winner of the David Mundell Medal). He is the co-editor of several collections of essays and published casebooks, including most recently Comparative Counter-Terrorism Law, which arose from his role as General Reporter on Counter-Terrorism Law for the XIX International Congress on Comparative Law held in 2014. With Justice Robert Sharpe, he is the co-author of The Charter of Rights and Freedoms volume in Irwin Law’s Essentials of Canadian Law series. False Security: The Radicalization of Canada’s Terror Law, co-authored with Craig Forcese, was published by Irwin Law in 2015. He has also written over 200 articles and chapters published in Australia, China, Hong Kong, India, Israel, Italy, Kenya, Singapore, South Africa, Sweden, the United Kingdom, and the United States, as well as in Canada. Professor Roach has served as research director for the Inquiry into Pediatric Forensic Pathology in Ontario (the Goudge Inquiry) and for the Commission of Inquiry into the Investigation of the Bombing of Air India Flight 182. In both capacities, he edited multiple volumes of research studies. He served on the research advisory committee for the inquiry into the rendition of Maher Arar and the Ipperwash Inquiry into the killing of Dudley George. He was a special advisor to the Truth and Reconciliation Commission on Residential Schools. Professor Roach has represented Aboriginal and civil liberties groups in many interventions before the courts, including Gladue, Wells, Ipeelee, and Anderson on sentencing Aboriginal offenders; Latimer on mandatory minimum sentences; Stillman, Dunedin Construction, Downtown East Side Sex Workers, and Ward on Charter remedies; Golden on strip searches; Khawaja on the definition of terrorism; and Corbiere and Sauvé on voting rights. He is the faculty lead for the Asper Centre for Constitutional Rights.

Kent Roach's profile page

Editorial Reviews

"Timely, useful, and authoritative, Canadian Justice, Indigenous Injustice offers a thoughtful and balanced discussion of the evidence and the issues behind a highly controversial topic. A worthy and important study." Ken S. Coates, University of Saskatchewan and co-author of Land of the Midnight Sun

"Highly readable and very timely, Canadian Justice, Indigenous Injustice exposes a court system that, when it comes to Indigenous people, gets it relentlessly and repeatedly wrong and struggles in vain to end generations of hostility, bias, and alienation." Kirk Makin, former Globe and Mail justice reporter and author of Redrum the Innocent

"Meticulous detail is presented on the pernicious reality of racism, colonialism, and Indigenous 'injustice.' Professor Roach dissects the trial process for Gerald Stanley and draws from a series of similar cases. He identifies the persistence of dropped threads, missed opportunities, and decisions to set aside deeper issues of historic injustice and systemic discrimination." Mary Ellen Turpel-Lafond (Aki-Kwe), director of the Indian Residential School History and Dialogue Centre and professor at the Peter A. Allard School of Law, University of British Columbia

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