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In August 2016 Colten Boushie, a twenty-two-year-old Cree man from Red Pheasant First Nation, was fatally shot on a Saskatchewan farm by white farmer Gerald Stanley. In a trial that bitterly divided Canadians, Stanley was acquitted of both murder and manslaughter by a jury in Battleford with no visible Indigenous representation. In Canadian Justice, Indigenous Injustice Kent Roach critically reconstructs the Gerald Stanley/Colten Boushie case to examine how it may be a miscarriage of justice. Roach provides historical, legal, political, and sociological background to the case including misunderstandings over crime when Treaty 6 was negotiated, the 1885 hanging of eight Indigenous men at Fort Battleford, the role of the RCMP, prior litigation over Indigenous underrepresentation on juries, and the racially charged debate about defence of property, self-defence, guns, and rural crime. Drawing on both trial transcripts and research on miscarriages of justice, Roach looks at jury selection, the controversial "hang fire" defence, how the credibility and beliefs of Indigenous witnesses were challenged on the stand, and Gerald Stanley's implicit appeals to self-defence and defence of property, as well as the decision not to appeal the acquittal. Concluding his study, Roach asks whether Prime Minister Justin Trudeau's controversial call to "do better" is possible, given similar cases since Stanley's, the difficulty of reforming the jury or the RCMP, and the combination of Indigenous underrepresentation on juries and overrepresentation among those victimized and accused of crimes. Canadian Justice, Indigenous Injustice is a searing account of one case that provides valuable insight into criminal justice, racism, and the treatment of Indigenous peoples in Canada.
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Since publication of the first edition in 1996, Criminal Law by Kent Roach has become one of the most highly regarded titles in Irwin Law's Essentials of Canadian Law series. Professor Roach's account of the current state of substantive criminal law in Canada has become essential reading not only in law schools but also among judges, practitioners, and others involved in the criminal justice system. The seventh edition of Criminal Law has been thoroughly updated to include new developments such as the interaction of the legal rights in the Charter with the reasonable limits provision in section 1 of the Charter in R v KR , disagreements between the Ontario Court of Appeal and the Manitoba Court of Appeal about whether the exclusion of murder from the offence of duress can be justified, new developments in the offence of infanticide, and the relation of the due diligence defence to statutory standards. The discussion of provocation has been updated and simplified to take into account the Supreme Court's and Parliament's recent restriction on the controversial defence. This new edition also has been revised to include important decisions from the Alberta and Nova Scotia Courts of Appeal and Parliament's enactment of Bill C-51, which makes several changes to sexual assault offences.
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