Legal think-tank doing 'deep dive' into Gerald Stanley trial - Action News
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Saskatoon

Legal think-tank doing 'deep dive' into Gerald Stanley trial

A little over a month since Gerald Stanley was acquitted in the shooting death of Colten Boushie, a group of prominent academic lawyers are promising a deep dive into the Saskatchewan trial.

Stanley was acquitted in the shooting death of Colten Boushie near Biggar, Sask.

Gerald Stanley is the Biggar, Sask.-area farmer who was charged with second-degree murder after 22-year-old Colten Boushie was shot on his rural farmyard. (Liam Richards/Canadian Press)

A little over a month since Gerald Stanley was acquitted in the shooting death of Colten Boushie, a group of prominent academic lawyers are promising a deep diveinto the Saskatchewan trial.

Stanley is theBiggar-areafarmer who was charged with second-degree murder after Boushie, 22,was shot on his rural farmyard in August 2016.

"I think all of us, when the decision came out, really paused if not stopped in our tracks," saidSigna Daum Shanks, a law professorand lawyer who teaches at Osgoode Hall Law School in Toronto.

"I think what we are trying to do is understand more why that happened to us."

The newly formed think tank called Project Fact(a)is hoping to take a look at the case, the evidence, and the broader impacts the trial had across the country. The group is made up academics and lawyers from various universities across Canada.

Many of them, according to DaumShanks, have ties to Saskatchewan. She herself is a Mtis person from the province.

DaumShanks saidthe case captivated not only the public but people in legal circles across the country.

"This case represents a lot of topics that a lot of us have been thinking about already."

Not-guilty verdict

After the verdict came down, Boushie's family met with federal politicians, includingJustice Minister Jody Wilson-RaybouldandPrime Minister Justin Trudeau.

At rallies across the country, supporters of Boushie'sfamily called for changes to the justice system.

Earlier this month, the Saskatchewanoffice ofpublic prosecutions said it would not appeal the decision.

Jury selection, evidence and property rights will be explored

DaumShanks said she hopes the think tank's work can help inform some of the ongoing discussion about the justice system and more broadly about the relationships between Indigenous and non-Indigenous Canadians.

Signa Daum Shanks is a Mtis assistant professor at Osgoode Hall Law School, who is originally from Saskatchewan.
The group of nine professors and lawyers are hoping to dig into a wide range of topics, from Canada's Charter of Rights and Freedoms to the Criminal Code to Indigenous law. That includes jury selection and evidence.

During the trial, there was an outpouring of anger fromBoushie'sfamily and others that there were no visibly Indigenouspeople on the jury. TheCBCcould not independently confirm that.

TheBoushiefamily lawyer saidthere were issues with the way some witnesses were allowed to testify. Specifically, ChrisMurphy felt there was grounds for an appeal based on the fact that two non-expert witnesses were able to testify to something called hang-fire: a central argument to Stanley's defence.

DaumShanks said one thingraised in the Stanley trial that also needs further exploration is the idea of property rights.

The group will release its first set of findings in late April.

The group's eight other members are:

  • Emma Cunliffe (University of British Columbia).
  • Alexandra Flynn (University of Toronto).
  • Jeffery Hewitt (University of Windsor).
  • Robin McKechney (Osgoode Hall).
  • Kent Roach (University of Toronto).
  • Kate Sutherland (Osgoode Hall).
  • David Tanovich (University of Windsor).
  • Estair van Wagner (Osgoode Hall).