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To: Honourable Jody Wilson-Raybould, Minister of Justice and Attorney General of Canada
Reform Canadian Peremptory Challenges in Jury Selection
Dear Honourable Jody Wilson-Raybould,
I am writing to urge you to reform the use of peremptory challenges in jury selection.
To quote Senator Murry Sinclair, “the definition of a jury is, these are voices of a community. These are the people of a community. And when you have a jury at the end of the day that is not representative of a community, then you have an unfair jury."
The under-representation of Indigenous jurors is a systemic issue, especially in provinces like Saskatchewan with a large Indigenous population. In a country where 26 percent of incarcerated people are Indigenous, the lack of Indigenous jurors is a glaring issue and one that can easily be fixed. Considering the issues that prevent many Indigenous folks from even being able to be potential jurors (I.e. limited access to mail delivery, prohibitive travel, costs, and distrust of the justice system) there is already under-representation, even before peremptory challenges are made. If Canada has any hope for reconciliation, the systemically racist process that allows attorneys to disregard Indigenous people for being Indigenous must change. We cannot be a country that allows an all-white jury for any case, let alone in cases regarding Indigenous individuals, such as the Colten Boushie case.
Of course I was not in that court room and I cannot definitively say that these jurors are racist or were acting out their racist ideations. What I can know for certain, however, is the social climate in Saskatchewan. Having lived in Saskatchewan for 18 years of my life, I have seen first-hand the racism towards Indigenous people that exists all over the province, in ways that I do not regularly or directly see now living in Toronto. I heard racist jokes and comments from my peers from as early as grade five. This social climate surrounds the all-white jurors and fills them in ways that they may not even recognize in themselves. These racial stereotypes (at best) or overtly racist ideas (at worst) may influence the outcome of a trial.
Thank you for your consideration,
Melissa Lepp
I am writing to urge you to reform the use of peremptory challenges in jury selection.
To quote Senator Murry Sinclair, “the definition of a jury is, these are voices of a community. These are the people of a community. And when you have a jury at the end of the day that is not representative of a community, then you have an unfair jury."
The under-representation of Indigenous jurors is a systemic issue, especially in provinces like Saskatchewan with a large Indigenous population. In a country where 26 percent of incarcerated people are Indigenous, the lack of Indigenous jurors is a glaring issue and one that can easily be fixed. Considering the issues that prevent many Indigenous folks from even being able to be potential jurors (I.e. limited access to mail delivery, prohibitive travel, costs, and distrust of the justice system) there is already under-representation, even before peremptory challenges are made. If Canada has any hope for reconciliation, the systemically racist process that allows attorneys to disregard Indigenous people for being Indigenous must change. We cannot be a country that allows an all-white jury for any case, let alone in cases regarding Indigenous individuals, such as the Colten Boushie case.
Of course I was not in that court room and I cannot definitively say that these jurors are racist or were acting out their racist ideations. What I can know for certain, however, is the social climate in Saskatchewan. Having lived in Saskatchewan for 18 years of my life, I have seen first-hand the racism towards Indigenous people that exists all over the province, in ways that I do not regularly or directly see now living in Toronto. I heard racist jokes and comments from my peers from as early as grade five. This social climate surrounds the all-white jurors and fills them in ways that they may not even recognize in themselves. These racial stereotypes (at best) or overtly racist ideas (at worst) may influence the outcome of a trial.
Thank you for your consideration,
Melissa Lepp
Why is this important?
On February 9, 2018, an all-white jury found Gerald Stanley, a white man, not guilty of murder in the shooting of Colten Boushie, a 22 year old Indigenous man.
In Canada, lawyers are able to challenge potential jury members without having to explain their reasoning (aka peremptory challenges). As we have just seen in the trail of Gerald Stanley for the murder of Colten Bousie. The jury was entirely white, after the defense challenged every person who appeared to be Indigenous. The under-representation of Indigenous people in Canada is yet another example of system racism.
We need to urge for a reform of the system that allows lawyers to racially profile during jury selection. If Canadians are hopeful for reconciliation, this is an important step that must be taken.
In Canada, lawyers are able to challenge potential jury members without having to explain their reasoning (aka peremptory challenges). As we have just seen in the trail of Gerald Stanley for the murder of Colten Bousie. The jury was entirely white, after the defense challenged every person who appeared to be Indigenous. The under-representation of Indigenous people in Canada is yet another example of system racism.
We need to urge for a reform of the system that allows lawyers to racially profile during jury selection. If Canadians are hopeful for reconciliation, this is an important step that must be taken.
How it will be delivered
I will email and also send as a letter in the mail.