Bill Graveland, Canadian Press
Published on Sunday, December 30, 2018 10:14 EST
CALGARY – Legal experts say that changes are proposed on their behalf; Criminal Code after high quality leaving in fatal shooting of indigenous people is scarce.
There are major changes in a federal bill, which has passed the third reading, which includes funding challenges during the election of a selection and a " using preliminary searches. Peremptory challenges allow solicitors to defend the lawyer without reasons.
Calgary lawyer Balfour Der, who has been acting as procurator and defense lawyer for 38 years, said the proposed changes in knee response were part of the growth of jury White of a Saskatchewan farmer in the death of a 22 year old Cree.
"He describes the government to distribute a group of interested parties who may have complained about this," he said in a recent interview.
"I can not think of anything less helpful in the election of jury to all sides because there are no challenges. You just do not look for a jury for peers but you are ; look for an independent jury. "
It was clear that native candidates were released when they chose a jury for the trial of Gerald Stanley. The farmer said that he killed Colten Boushie in the back of his head when a group of people killed; Indigenous youngsters went to Stanley farm near Biggar, Sask., August 2016. He was found guilty of a second mass murder in February.
The case has been judged throughout the country. The Boushie family, academics and politicians said the loyal affected the system racism in the justice system and asked for changes, especially for a jury election.
Minister agreed to Federal Justice Jody Wilson-Raybould. She said that the challenges would be to make sure the behavior of Canada was more representative.
"Our criminal justice system needs to be fair, fair and just for all the Canadians," said Wilson-Raybould at the time.
Solicitors would still have the right to challenge a potential lawyer for a purpose, but the legislation would empower the judge to decide.
Der, author of a jury law textbook, said he would "stop with the first 12 people who say they are ready, willing and able to become advocates.
"I do not know how that is going to get more First Nations on juries."
Lisa Silver, a lawyer professor at the University of Calgary, who emerged by the persistent parliamentary parliamentary committee that examined the bill, said the change in Stanley was a result of a number of factors.
"It's not the whole answer to eliminate peremptory challenges," said Silver. "Some security guards claim that they have used militant challenges when they have an indigenous client and has benefited them."
Silver defense lawyer, Der and Calgary, Alain Hepner, said that there would be a better solution to changing how a selection of jury swords was chosen. That list is currently coming from voting records, driver licenses or updates.
"It's easy to say there are aboriginal names," said Hepner. "These names are obvious, so let's join the advocates who are their peers."
The proposed legislation would also limit pre-examinations only to crimes that are; carrying a jail. The questions in the questions are to find out if there is enough evidence for a test.
That change comes from the 2016 decision of the High Court that is going to be the case. Restrict how long it can do for a criminal case to go to test before being deceived immediately. The rule Jordan has to say is that regional court cases have been tried within 18 months and those in high courts need to be heard within 30 months.
Money said that beginners were allowed lawyers to assess the strength of their enemies. case and can bring off criminal offenses.
"The prelim is the statutory shield against state power," said Silver
Hearings do not take a long time, Der said.
"Prerequisites do not cause delays in advance. If there is anything, they can make their own faster faster because both sides can see their witnesses, hear their witnesses, know what in a case, what is not the case. "