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category: Law
published: Jan 2019
ISBN:9780773556386

Canadian Justice, Indigenous Injustice

The Gerald Stanley and Colten Boushie Case

by Kent Roach

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indigenous studies, indigenous peoples
0 of 5
0 ratings
rated!
rated!
list price: $34.95
edition:Hardcover
also available: eBook Hardcover
category: Law
published: Jan 2019
ISBN:9780773556386
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, CM, FRSC, is a professor of law at the University of Toronto, where he holds the Prichard-Wilson Chair in Law and Public Policy. In 2002, he was elected a Fellow of the Royal Society of Canada by his fellow academics and in 2015 was appointed a member of the Order of Canada. In 2013, he was awarded a Trudeau Fellowship and in 2017 the Canada Council awarded him the Molson Prize for his contributions. He has taught criminal law since 1989 and been editor-in-chief of the Criminal Law Quarterly since 1998. He is the co-editor of Cases and Materials on Criminal Law and Procedure, numerous collections of essays and thirteen books, including Constitutional Remedies in Canada (winner of the 1997 Walter Owen Book Prize); Due Process and Victims’ Rights: The New Law and Politics of Criminal Justice (shortlisted for the 1999 Donner Prize); The Supreme Court on Trial: Judicial Activism or Democratic Dialogue (shortlisted for the 2001 Donner Prize); (with Robert J. Sharpe) Brian Dickson: A Judge’s Journey (winner of the 2003 Defoe Prize); The 9/11 Effect: Comparative Counter-Terrorism (co-winner of the 2012 Mundell Medal); and (with Craig Forcese) False Security: The Radicalization of Canadian Anti-Terrorism (winner of the 2016 Canadian Law and Society book prize). Professor Roach has served as research director of the Commission of Inquiry into the Bombing of Air India and the Goudge Inquiry into Forensic Pathology and was volume lead on the Truth and Reconciliation’s Commission volume of the legacy of Residential Schools for Indigenous children. Acting pro bono, he has represented civil liberties and Indigenous groups in interventions before the Supreme Court, including in Golden and Ward on strip searches; Khawaja on terrorism; Latimer on mandatory sentencing; Gladue, Ipeelee, and Anderson on sentencing Indigenous offenders; and Sauve on prisoner voting rights.

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Contributor Notes

Kent Roach, CM, FRSC, is the Prichard-Wilson Chair in Law and Public Policy at the University of Toronto and the author of numerous books on Canadian criminal justice.

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


"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


"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

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