Some enlightenment from two lawyers in two letters in today's Globe and Mail:
https://www.theglobeandmail.com/opinion/letters/feb-13-justice-system-under-microscope-plus-other-letters-to-the-editor/article37947644/
The Stanley verdict
The purpose of a criminal trial is to determine if each essential element of the offence has been proven beyond a reasonable doubt. Murder contains two essential elements: actus reus and mens rea. Actus reus is the commission of the act, killing the victim, and mens rea is the accused having intended to do so. In the Gerald Stanley case, the actus reus was clearly proven and not denied by the accused. The problem was the mens rea – did the accused intend to kill the victim or was it an accident?
To secure a conviction, the Crown had to prove beyond a reasonable doubt that Mr. Stanley intended to kill Colten Boushie (Stanley Acquitted In Shooting Death Of Boushie, Feb. 10). The jury wrestled with this issue for 15 hours before deciding unanimously that the Crown had failed to do so.
The length of deliberation suggests there was some evidence that he had an intention but not enough to provide proof beyond a reasonable doubt. That is how the system is supposed to work. The English legal system of criminal justice, which is the law in Canada, is the only system that requires proof beyond a reasonable doubt.
It is intended to ensure that no innocent person is ever convicted of an offence. I sympathize with the victim's family and understand that it is difficult for them to accept the verdict but they must try to understand what has happened here. The jury was called upon to decide, based only on the evidence presented to them, whether the Crown had proven beyond a reasonable doubt that Mr. Stanley intended to kill Mr. Boushie. After deliberating for 15 hours, it decided that the Crown had failed to do so, and as a result Mr. Stanley was found not guilty.
Garth M. Evans, Q.C., Vancouver
.......................................
Before we throw trial by jury under the bus in favour of some other system, three considerations:
We already have a robust mechanism for determining if the jury is biased. The challenge for cause procedure results in questioning jurors before they are sworn. It is often used when racial prejudices might influence the jury. The Crown chose not to use it here. The fact the Crown did not engage that procedure does not mean the rest of the system is wrong or needs to be changed.
Second, context matters: If media reports are accurate, protesters greeted the jury pool before they were selected, calling on them to find Mr. Stanley guilty regardless of what the evidence demonstrated. The identity of jury members is public information. It would be perceived by the accused that it would be much harder for someone who lived on reserve with the demonstrators to resist that call than it would be for someone unknown to the demonstrators.
When we politicize the outcome of a trial by protests, we make it much harder for the accused to feel comfortable that a particular juror will decide based on the evidence instead of his or her ethnic identification.
The underlying problem is that there are few Indigenous people in the jury pool. Justice Frank Iacobucci commented on that problem and made recommendations to fix it. That is the urgent reform needed.
Brian Casey, Q.C., Dartmouth, N.S.
https://www.theglobeandmail.com/opinion/letters/feb-13-justice-system-under-microscope-plus-other-letters-to-the-editor/article37947644/
The Stanley verdict
The purpose of a criminal trial is to determine if each essential element of the offence has been proven beyond a reasonable doubt. Murder contains two essential elements: actus reus and mens rea. Actus reus is the commission of the act, killing the victim, and mens rea is the accused having intended to do so. In the Gerald Stanley case, the actus reus was clearly proven and not denied by the accused. The problem was the mens rea – did the accused intend to kill the victim or was it an accident?
To secure a conviction, the Crown had to prove beyond a reasonable doubt that Mr. Stanley intended to kill Colten Boushie (Stanley Acquitted In Shooting Death Of Boushie, Feb. 10). The jury wrestled with this issue for 15 hours before deciding unanimously that the Crown had failed to do so.
The length of deliberation suggests there was some evidence that he had an intention but not enough to provide proof beyond a reasonable doubt. That is how the system is supposed to work. The English legal system of criminal justice, which is the law in Canada, is the only system that requires proof beyond a reasonable doubt.
It is intended to ensure that no innocent person is ever convicted of an offence. I sympathize with the victim's family and understand that it is difficult for them to accept the verdict but they must try to understand what has happened here. The jury was called upon to decide, based only on the evidence presented to them, whether the Crown had proven beyond a reasonable doubt that Mr. Stanley intended to kill Mr. Boushie. After deliberating for 15 hours, it decided that the Crown had failed to do so, and as a result Mr. Stanley was found not guilty.
Garth M. Evans, Q.C., Vancouver
.......................................
Before we throw trial by jury under the bus in favour of some other system, three considerations:
We already have a robust mechanism for determining if the jury is biased. The challenge for cause procedure results in questioning jurors before they are sworn. It is often used when racial prejudices might influence the jury. The Crown chose not to use it here. The fact the Crown did not engage that procedure does not mean the rest of the system is wrong or needs to be changed.
Second, context matters: If media reports are accurate, protesters greeted the jury pool before they were selected, calling on them to find Mr. Stanley guilty regardless of what the evidence demonstrated. The identity of jury members is public information. It would be perceived by the accused that it would be much harder for someone who lived on reserve with the demonstrators to resist that call than it would be for someone unknown to the demonstrators.
When we politicize the outcome of a trial by protests, we make it much harder for the accused to feel comfortable that a particular juror will decide based on the evidence instead of his or her ethnic identification.
The underlying problem is that there are few Indigenous people in the jury pool. Justice Frank Iacobucci commented on that problem and made recommendations to fix it. That is the urgent reform needed.
Brian Casey, Q.C., Dartmouth, N.S.