The newly released reasons shed light on the high court's decision from the bench last October upholding the constitutionality of legislation scrapping so-called peremptory challenges.
Stanley was charged with second-degree murder in the killing of Colten Boushie, a 22-year-old Indigenous man, and there were no Indigenous jurors on the panel that heard his case. In writing for three members in the majority, justices Michael Moldaver and Russell Brown said the selection regime continues to provide the independent and impartial jury that each accused is owed under the Charter of Rights and Freedoms.
“They also had a darker side which allowed for practices born of prejudice and stereotypes, which had palpable and well-documented effects on the composition of juries. Indigenous communities, in particular, have witnessed their disturbing effects.” But they cautioned: “Fair trial rights do not depend on the subjective perceptions of the accused, and absolute diversity on a jury is unattainable, as no group of 12 could ever represent the innumerable characteristics existing within our diverse and multicultural society.”
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