First Nations say their names left off jury lists.
Demand inquiry after Kenora proceeding reveals virtual absence of aboriginals from district rolls
Sep 12, 2008 04:30 AM
Tracey Tyler LEGAL AFFAIRS REPORTER
A coalition of First Nations is calling for an inquiry into why its members appear to have been systemically excluded from Ontario's jury rolls for nearly a decade.
The problem came to light this week during a coroner's inquest into the deaths of Ricardo Wesley and Jamie Goodwin, 20-year-old inmates who died in a fire at the Kashechewan jail in January 2006.
Relatives of the two men wanted to make sure members of First Nations communities were represented on the coroner's jury. However, the inquest was told by a court services supervisor for the judicial district of Kenora that nobody living on the Kashechewan Reserve was on the jury roll.
In fact, while the district has 12,111 people living in 42 First Nations communities, only 44 were on the prospective jurors list in 2007, says an affidavit from Rolanda Peacock, the area's acting supervisor of court operations.
In a letter sent to Attorney General Chris Bentley on Wednesday, Julian Falconer, a lawyer representing a coalition of 49 First Nations communities and Aboriginal Legal Services of Toronto, said the exclusion denies members their rights to a fair trial by a jury of their peers.
Peacock said the province had been using band-election lists to obtain the names of prospective First Nations jurors, but the federal government stopped providing the lists in 2000.
Falconer said nobody told First Nations' leaders about the move.
"What we've been saying all along is that the justice system, which the jury is part of, is failing our communities," said Deputy Grand Chief Alvin Fiddler of the Nishnawbe Aski Nation.
Sheamus Murphy, a spokesperson for Bentley, said the minister became aware of Falconer's letter last night and takes First Nations concerns seriously.
Frank Addario, president of the Criminal Lawyers Association, said the provincial jury centre in London, Ont. or the local sheriff's office has a duty to notify litigants and the court when jury selection legislation is not being complied with.
Under the Criminal Code, accused people are entitled to be tried by a jury that is a representative cross-section of the community, Addario said.
"If you're a black guy in Kenora and it turns out you're the only black guy, it doesn't mean you get black people on your jury. It means jury panels are designed in a fair way to achieve representativeness."
Peacock said court officials in Kenora have tried to obtain band lists directly from First Nations reserves, noting letters were faxed to 42 chiefs in August 2006. Only four responded. The community of Kashechewan wasn't sent a letter, she said.
The jury centre also sent questionnaires to residents of reserves, with a letter translated into Ojibway and Oji-Cree, to elicit names of potential jurors.
More than 72 per cent of the forms were never returned, Peacock said.
The First Nations people cliam that their names are being left off of jury lists. They think this is unfair because all Canadians should be treated equally and allowed to be judged by people like them. The goverment says this is because First Nation people didn't return their forms to be put on the jury, lists.
Question:
1) Do you think First Nation people should be allowed on a jury?
2) Do you think most Canadians care if First Nantions people are included on jury lists?
3) Do you care who is on your jury?
4) Why would someone want to leave First Nation people off a jury?
The articale links to what we have learned in class about how the French andEnglish people took advantage of the First Nation people.
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32 comments:
No I don't think its fair for the first nation guys to be left out of the jury
No I don't think the people and the gouverment care, that the first nation people are being left out of the jury
No I don't really care who's on my jury, but I do a little bit
I dont think it is fair at all for the first nations to be left out of the jury
I dont really think the government and the people care if the first nations are being left out of the jury.
I don't really care if the first nations people are allowed in the jury. But they should have a right to. I don't think Canadians will care THAT much, but some people would probably disagree with the jury. I do not care who is in my jury as long as they do the right thing. Some people would get the first nations people off the jury because it is ancient history. It happened a WHILE ago.
1) Yes, I do think so, because a long time ago "african americans" wouldn't be allowed to participate in society, and we let that change happen, than what's the big deal with letting first nations be on a jury?
2) I honestly don't think that people are actually going to care who's on the jury: Christian, Muslim, Jew, Or First Nation, a jury is a jury and should not be judged by culture!
3)Simple answer: No
4) Probably because people don't like the fact that first nations are seperated from our more common civilization. Which makes them look weird or different, some people are just not open minded to change.
Regards,
Saad Siddiqui 6~01
I kind of care who is in my jury but not alot
I think this was a very interesting article. It had a lot of very interesting facts.I did not know that the first nations were not aloud to go in the jury. Kind of long if you ask me. Overall it was all right.
I think this was a very interesting article. It had a lot of very interesting facts.I did not know that the first nations were not aloud to go in the jury. Kind of long if you ask me. Overall it was all right.
A) I think that they should be alowed to be on the jury, there just like us.
A)Who cares whos on the jury, theres so many people on it, pluss aren't Aboriganals supposed to be Wise?
C)No I'm too young to care. Plus there's so many
D)It's raceism raceism raceism, it's just not right!
I really dislike this topic, the guys should just let the aboriganals in if they want to be on it!! The old guys were the first ones here, they're filled with brains!!
Um.. I read it for the second time and I don't really like it
Nice blog! that was really good plz look at mine and post a truthful comment on Dec. 12
I think that it was a great story and that I think that it has past and present potential.
i am not sure why someone would like to leave out the first nations. but I think they might be doing thaT because they think they look wierd i feel it is kind of racist
I would think that the gouverment would let the first nation guys in the jury. But only if the filled in there forms. But they are kind of being mean and not because the first nation guys didin't hand back there forms.
I agree with Galigda
I thought it was interesting that the people got burned to death and I liked how it included the aborigenals
I would read that again if I werent so lazey i no i spell stuff rong
I do not think it is far. I dont think they care. yes I do care
I also think that's also discremanation that the gouvermant not letting them in the jury
It's really not fair that the first nations people are left out. I really think the government doesn't car at all. anyway great artical!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
that was an intresting article. I never knew that the first nations were not aloud to go in jury. Thanks for sharing!!!!!!
Why would they let other people in the jury and not the first nation people
Its not that fair for the first nation people
i dont think it is fair at all for the first nation to be left out of the jurry ithink it is not fair at all dont you think so!
I really enjoyed that article!! I found it very interesting!!!!!
that you will for sharing the interesting article on the first nation people
Yes I think the first nations people should be aloud on the jury and I don't think it should matter what colour of skin or what culture or religion you are. Ithik alot of Canada cares but they just don't have enough power over the gouverment or jury. and I think if anyone doesn't care they should probably care. I don't really care but I do think it is unfair that the first for the nations people.
do you think it is fair for the first nation to be left out of the jurry??
GO 5!
I think its fair to not let them on because they should be replying and letting people know that they want to be in there relitives jury and not be waiting till the last minute.Then start blaming them for not telling them or allowing them to be a jury member.Its totally fair if there not resoponding and i think they should not just be let on so easly.
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