Canada The long list of problems Colten Boushie's family says marred the case

12:45  13 february  2018
12:45  13 february  2018 Source:   cbc.ca

'Bring drums': Boushie support rallies planned in Saskatoon, Regina after Stanley not-guilty verdict

  'Bring drums': Boushie support rallies planned in Saskatoon, Regina after Stanley not-guilty verdict 'Bring drums': Boushie support rallies planned in Saskatoon, Regina after Stanley not-guilty verdict People are gathering in Saskatoon, Regina and other Canadian cities Saturday to show their support for the family of Colten Boushie after Gerald Stanley, a Saskatchewan farmer, was acquitted Friday of responsibility for Boushie's death. "There is no justice!" yelled people in the courtroom after the jury foreman read out the verdict Friday night. Moments earlier, the presiding judge had urged calm despite the "raw emotions" felt by those in the room.

The family of Colten Boushie says the acquittal of the man charged with murder in his death is just the latest in a series of Read CBC' s full coverage of the Colten Boushie case . What the Stanley jury likely considered in rendering its not guilty verdict. The list of concerns includes

The family of Colten Boushie says the acquittal of the man charged with murder in his death is just Over the past 18 months, they say , they've been angered by the way the case has unfolded. The list of concerns includes: - Debbie Baptiste said she was notified of her son' s death when multiple RCMP

A light rain fell outside the North Battleford, Sask., provincial courthouse the morning of Aug. 11, 2016, as the man accused of killing Colten Boushie made his first appearance.

Boushie family lawyer Chris Murphy said the heavy RCMP presence at Stanley's preliminary hearing made it look like the courthouse block was on lockdown.© Matthew Garand/CBC Boushie family lawyer Chris Murphy said the heavy RCMP presence at Stanley's preliminary hearing made it look like the courthouse block was on lockdown.

It was the Boushie family's first chance to see farmer Gerald Stanley.

But on that day, no one from the Boushie family was there. They were a 25-minute drive away at the Red Pheasant Cree Nation. They say they would have been there, but no one told them about it.

The Crown prosecutor at the time said he assumed RCMP would inform the family of Stanley's court appearance.

Prime Minister says he feels the pain of Boushie's family after not guilty verdict in Stanley trial

  Prime Minister says he feels the pain of Boushie's family after not guilty verdict in Stanley trial Prime Minister says he feels the pain of Boushie's family after not guilty verdict in Stanley trialThe not guilty verdict in Gerald Stanley’s trial brought a range of reactions from across the country during the weekend.

A light rain fell outside the North Battleford, Sask., provincial courthouse the morning of Aug. 11, 2016, as the man accused of killing Colten Boushie made his first appearance. It was the Boushie family ' s first chance to see farmer Gerald Stanley. "Things need to change," North Battleford.

Feb 13, 2018 · The long list of problems Colten Boushie ' s family says marred the case .

"Things need to change," North Battleford lawyer and Boushie family adviser Eleanore Sunchild said at the time.

In a written statement to CBC News Monday, Saskatchewan RCMP said they realize the importance of giving family information about court appearances. They said they did try unsuccessfully to reach Boushie's mother, Debbie Baptiste.

"Officers were in touch with a family friend who reached Ms. Baptiste," the statement said. "However, by the time they reached Ms. Baptiste, court was already in progress."

Stanley was acquitted Friday following a two-week trial. Rallies were held across the country over the weekend attended by thousands of people outraged by the verdict and the absence of visibly Indigenous people on the jury.

Trudeau promises justice system reform

  Trudeau promises justice system reform Trudeau promises justice system reformBut the prime minister says it would be "completely inappropriate" to comment on the specifics of last week's acquittal of a Saskatchewan farmer in the killing of 22-year-old Colten Boushie.

The case of Colten Boushie , 22, killed after seeking help at a farm, has divided Canadians over "Deck is stacked against us,' says family of Colten Boushie after jury chosen for Gerald Stanley trial". ^ "How a broken jury list makes Ontario justice whiter, richer and less like your community".

The long list of problems Colten Boushie ' s family says marred the case . "We are still a long way from being a tolerant society," concluded the commission in 1993. "We see this as a Canadian problem — not just a local one."

Prime Minister Justin Trudeau said Canada has "come to this point as a country far too many times. Indigenous people across this country are angry. They're heartbroken. I know Indigenous and non-Indigenous Canadians alike know that we have to do better."

The Boushie family, Sunchild and others have flown to Ottawa to take him at his word and demand changes to the justice system.

Over the past 18 months, they say, they've been angered by the way the case has unfolded.

They say some of the actions taken during the investigation were disrespectful while others may have affected the outcome.

They say they want "justice for Colten" and don't want other families to go through what they have.

"We saw a judicial system that continues to fail Indigenous people all across the country," Boushie's cousin, Jade Tootoosis, said after the verdict.

The list of concerns includes:

- Debbie Baptiste said she was notified of her son's death when multiple RCMP cruisers pulled up to her home. The officers said later they'd received a tip an armed person might have been in a trailer matching the description of the one Baptiste lived in. Officers entered the home, weapons drawn and gave her the news. She said that as she writhed on the floor crying, one officer told her to "get it together" and then asked, "Have you been drinking?"

Trudeau promises justice system reform

  Trudeau promises justice system reform OTTAWA - Justin Trudeau says much needs to be done to fix the way First Nations people are treated within Canada's criminal justice system. But the prime minister says it would be "completely inappropriate" to comment on the specifics of last week's acquittal of a Saskatchewan farmer in the killing of 22-year-old Colten Boushie. Speaking in the House of Commons, Trudeau says First Nations people are underrepresented on juries and overrepresented in the prison population — a situation he says his government is committed to solving.

After the meeting, about 20 family members gathered in Alvin's backyard to discuss the case . A collection of Colten Boushie ’ s school awards. Joe friesen/the globe and mail. Colten had a neurological problem in one arm that affected his hand, she said , but he did not let it stop him from

The long list of problems Colten Boushie ' s family says marred the case . Boushie family appeals RCMP's internal investigation. 'He took my heart': Colten Boushie ' s father remembers kind, goofy son. Podcast.

In Monday's statement, the RCMP said it was not officers' intention "to cause any additional pain." "The response to any major incident is often dynamic and complex. In addition to doing the NOK (next of kin) notification, the officers also had to ensure there was no risk to officer and public safety," the statement said.

- An officer testified during the trial that while still investigating the crime scene, the RCMP had not covered the vehicle in which Boushie was shot or the area around it with a tarp or other protection. It rained heavily overnight, washing away blood, foot prints and other evidence.

- Boushie's body was covered, but he lay face-down in the gravel in the Stanley farm yard for more than 24 hours while RCMP waited for a warrant, according to RCMP testimony during the trial.

- The RCMP blood spatter expert did not come to Saskatchewan to examine the vehicle or other items. This decision was mentioned several times by Stanley's defence team during the trial. On Monday, the RCMP said they can't comment on the crime scene or blood spatter evidence during the 30-day period after the verdict during which an appeal is possible.

Kind, goofy Colten Boushie remembered by father

  Kind, goofy Colten Boushie remembered by father Colten Boushie came into the world smiling. It was Halloween 1993 in Ronan, Mont., about 225 kilometres southeast of the Roosville Border Crossing in British Columbia. Pete Boushie still remembers how beautiful the baby's mother, Debbie Baptiste, was and how excited he was for the arrival of their third son. And he remembers the smile on the boy's face after he was born. They named him Colten Cale Boushie but he quickly became Co Co.The memory is as clear as the phone call he received in August 2016."My boy called me," Pete Boushie told The Canadian Press from his home on the Fort Belknap Indian Reservation in Montana.

Colten Boushie ' s mother, Debbie Baptiste, is seen standing with his uncle, Alvin Baptiste. Alvin Baptiste has said police treated the family like "culprits of Outside court after the verdict, Federation of Sovereign Indigenous Nations vice-chief Kim Jonathan said the case is one more item on a list of

Many said this court case was an example of the insidious racism that Indigenous people face on a daily basis. He’ s not here to defend himself and we are doing everything we can as a family for him. We don’t want another Colten Boushie .

- The RCMP issued an initial news release that some interpreted as "victim-blaming." It mentioned the killing but also stated some of those present were subjects of a theft investigation. That release emboldened those who believed protection of property justified the killing, the Boushie family said.

- On the first day of the preliminary hearing, family members complained security was "excessive," with barricades, RCMP photographers on rooftops and other measures that they said served to intimidate those who gathered to rally and advocate for justice. The visible RCMP presence was later scaled back.

In Monday's statement, the RCMP said they try to ensure public safety by conducting "a thorough risk assessment and deploying resources accordingly" and that "this process was followed in this case."

- Hundreds of hateful, often racist messages were posted on social media in the weeks following Boushie's death. Saskatchewan Premier Brad Wall called for calm. Despite a public warning that online comments could result in criminal charges and RCMP saying they spoke with the provincial Crown about some of the posts, no charges were ever laid. Crown officials declined to say whether they recommended charges to the provincial justice minister, who is required to give consent.

RCMP reeling after messages from a private Facebook group leaked

  RCMP reeling after messages from a private Facebook group leaked Public Safety minister Ralph Goodale has announced an investigation into “appalling” messages from an alleged RCMP officer that were leaked from a private Facebook group. The messages, first reported by APTN, showed support for the Gerald Stanley acquittal, with one message going as far to say “the kid got what he deserved.”Goodale said the remarks were “appalling, and unacceptable,” adding that “it just contradicts everything the RCMP stands for. It’s under very, very, serious investigation.”The comments come on the heels of the one of the most racially-charged legal cases in recent Saskatchewan history.

The case revealed underlying racial tensions in Canada. "Justice for Colten " became a rallying cry for the protests that swept across Canada. Boushie ' s family also said the RCMP mistreated them when they were informed of his death.

"I can't imagine the grief and sorrow the Boushie family is feeling tonight. Ministers say Canada must 'do better' after Boushie verdict. In the angry wake of Colten Boushie ' s death, Justin Trudeau tries to find the words.

In their statement Monday, the RCMP said they investigate hate speech but that it's the justice minister who makes the final decision about whether to prosecute such cases. They said they are monitoring new comments made since Friday's verdict and will inform the public of any charges.

- An internal RCMP investigation cleared officers of misconduct after the Boushie family complained about their treatment the night they were told Boushie had died. In an Oct. 19 letter to the family, RCMP Supt. Mike Gibbs apologized for the officers' actions, conceding they "could have been perceived as insensitive" but said the force used was acceptable given the "safety risks."

"It's like we don't have no rights at all, just sweep us under the rug, kick us under the bus, just move on, forget about what happened. That's how they look at it. Just another Indian," Boushie's uncle, Alvin Baptiste, said at the time.

In Monday's statement, the RCMP said the force followed the RCMP Act and investigated when the family laid a complaint and that if the family was not satisfied with that process, they could take the matter to the Civilian Review and Complaints Commission for the RCMP.

- The provincial government declined the Boushie family's requests for an out-of-province lead investigator and Crown prosecutor. "It is a prosecutor's duty to prosecute all cases based on their merit under the Criminal Code of Canada. I am confident that counsel assigned to this case will do so appropriately," Justice Minister Gordon Wyant said in a statement last July.

Gerald Stanley due back in court to face allegations he improperly stored 7 guns

  Gerald Stanley due back in court to face allegations he improperly stored 7 guns Gerald Stanley due back in court to face allegations he improperly stored 7 gunsStanley, 56, still faces two charges of improperly storing firearms on his Biggar, Sask.-area farm where Boushie was killed.

The case of Colten Boushie , 22, killed after seeking help at a farm, has divided Canadians over race and policing. Boushie ’ s mother so overcome with grief she could barely stand, but family members said they were asked by police if they had been drinking.

- The jury in the Stanley trial appeared to contain no visibly Indigenous people. Boushie's family and other observers allege that during jury selection, the defence team used so-called peremptory challenges to reject all candidates who looked like they might have Indigenous background. In Canada, lawyers don't have to give reasons for excluding jury candidates. On Monday, Justice Minister Jody Wilson-Raybould announced the Liberal government will review the system of peremptory challenges.

Great Britain, most of the United States and other countries have abolished peremptory challenges, and some legal experts say Canada should do the same.

"It invites bias on the basis of race," said Steven Penney, a University of Alberta law professor and co-author of Criminal Procedure in Canada. "It's not a value we should allow in our system. This case is highlighting those flaws."

'We will find a way forward'

On Monday, newly elected Saskatchewan Premier Scott Moe said he and Justice Minister Don Morgan met with the Boushie family and heard their concerns.

"These are difficult discussions for us to have, whether it's on racism or crime," Moe said. "This is a challenge. I can commit to the people of Saskatchewan that we will have those discussions. It won't be easy, it won't be done quickly, but we will find a way forward."

Stanley's lawyer, Scott Spencer, has not commented since the verdict. In a statement on the eve of the trial, he said the case is about facts and is "not a referendum on racism."

Saskatoon criminal lawyer Brian Pfefferle was not involved in the case but has watched its developments closely. Pfefferle said it's vital for victims and their families to feel valued and respected.

"This is an area, arguably, where people are falling through the cracks," Pfefferle said. "Maybe the system isn't equipped for victims as well as it should be."

Crown prosecutor Bill Burge has not ruled out an appeal and has one month to make a decision.

Petition wants GoFundMe to drop Stanley page .
An international advocacy group says it has collected thousands of names in a campaign calling for GoFundMe to remove a page that's raising funds for Saskatchewan farmer Gerald Stanley's family. The online petition launched by the group SumOfUs says the crowdfunding website is profiting from the death of Colten Boushie, an Indigenous man who died on Stanley's farm in 2016. A jury acquitted Stanley of second-degree murder in Boushie's death earlier The online petition launched by the group SumOfUs says the crowdfunding website is profiting from the death of Colten Boushie, an Indigenous man who died on Stanley's farm in 2016.

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