Quote:
Originally Posted by Authentic_City
The issue of jury representativeness is usually thought to apply to the accused. In other words, an accused person should be tried by a jury of his/her peers. In this case, the accused was tried by a jury of his peers. I do think the jury got it wrong by not convicting of manslaughter because it's pretty clear that Stanley was careless with the firearm (didn't know how many bullets, didn't know how to safely unload his firearm, etc.). But the jury representativeness issue is a non starter for an appeal. There is a recent Supreme Court decision on this matter, and basically it says it doesn't matter what the ultimate composition of the jury is, as long as the jury roll contained a reasonable cross section of people living in a community.
https://scc-csc.lexum.com/scc-csc/sc...15373/index.do
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I can see why supporters of the victim felt the way they did... if their feeling is that Indigenous lives are less valued, then you can appreciate why they would want Indigenous jurors on a trial involving a non-Indigenous accused. Not having any is a tough pill to swallow and I'm sure that for some, it felt like the fix was in (even though personally I don't believe that was the case at all).
But even then, would it have changed anything? Who knows how the jury came down on this. Would Indigenous jurors have found Stanley guilty? If so, why? It was a complicated case and I don't think it would have been a slam-dunk for the crown even with a full slate of Indigenous jurors. The facts are the facts.
I can appreciate that the not-guilty verdict was unsatisfying... when someone is killed, you always want to see justice served. But given the circumstances I still don't think it's unreasonable. I don't think that having Indigenous jurors would have changed the outcome.