Author Topic: The life and death of Colten Boushie  (Read 9471 times)

Sap1

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The life and death of Colten Boushie
« on: August 15, 2016, 10:11:00 PM »

Edited to add: In the beginning of this case stories were fabricated and even now, stories are still being made, as one lawyer pointed out and the witness who had fabricated, agreed. If one wants justice and not revenge, it is in the best interests to speak the truth to media and police, especially the police. What the heck can truth and reconciliation provide when so much is based on fabrication?
I have changed my mind ... this wasn't so much a case of vigilante justice as it was self protection after continued targeting of farmers. Farmers who were hard working and ran their butts off providing their families with livelihood. NO ONE has a RIGHT to steal from them. CRA takes enough.

http://news.nationalpost.com/news/canada/racial-tension-in-sask-after-first-nations-man-shot-dead-while-looking-for-flat-tire-help-on-farm-family-says
« Last Edit: February 05, 2018, 03:49:04 PM by Sap1 »

Sap1

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Re: Vigilante Justice ... for no reason!
« Reply #1 on: August 15, 2016, 10:16:26 PM »

Sap1

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Re: Vigilante Justice ... for no reason!
« Reply #2 on: August 15, 2016, 10:24:04 PM »
Conditions between First nations and police in Saskatchewan have been strained at the best of times.

http://thestarphoenix.com/news/local-news/sask-premier-brad-wall-says-racist-and-hate-filled-comments-after-fatal-farmyard-shooting-must-stop

Comments continued over the weekend on numerous online sites. Some were anti First Nation, while others supported vigilante justice against the suspect in the case.


First Nations leaders said last week that a police news release about the shooting was biased, and they called for an RCMP review of communication policies and writing guidelines.

An initial news release said people in the car had been taken into custody as part of a theft investigation.

RubyRose

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Re: Vigilante Justice ... for no reason!
« Reply #3 on: August 16, 2016, 01:32:21 PM »
Thank you, Sap1.

I had not heard of this previously.  I'm surprised it hasn't generated more media interest here (Atlantic) but if it has, I guess I missed it.  Perhaps it was the fact that an arrest was made quickly, because the murder of the young First Nations couple in Alberta received much coverage here.

I can understand the frustration involved when individuals experience theft, vandalism, etc and the authorities do not seem to be able to do anything to stop it  but, at least in what has been reported so far, there is no evidence or indication of that being the case here.   In any event, that is no excuse for what happened.

I wasn't overly impressed with the mayor's statements.  To simply say he wasn't there and didn't know what happened so he didn't have an opinion is just a cop-out.  No one should, and I am not suggesting he did, condone this kind of "justice" so-called, whatever the motivation.

Sap1

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Re: Vigilante Justice ... for no reason!
« Reply #4 on: August 16, 2016, 04:08:12 PM »
You're welcome RubyRose. I'm surprised this hasn't made its way across Canada because everyone knows there is a long standing battle/animosity/ or whatever one wants to call it ... in Saskatchewan between members of the general public and FN peoples. There are good and bad in every race and color of people, and just because there are some FN men who may use thefts to gain money (there certainly are a lot of people of various ethnicity that do steal), they aren't all in that basket. Colten was proud of his accomplishments, earning several trade tickets to work.

The shooter's wife had supposedly said to the kids who were still in the car ... "this is what happens when you trespass". It will be interesting to find out and I'm sure it will be broadcast if the Mayor does join the steak dinner. His speech was very lame and like you said total cop-out.

Can you imagine the extreme fright these young people had when their window was smashed and the bullets started to fly?! Then they were arrested by RCMP for possible theft. Relations between RCMP and FN have been very bad in Sask and apparently still are.
Police are known to hang around driveways of FN people down there ... I think they should hang around farmer's driveways and catch the real thieves.


Sap1

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Re: Vigilante Justice ... for no reason! Colten Boushie
« Reply #6 on: August 23, 2016, 07:45:16 AM »
http://www.cbc.ca/news/aboriginal/colten-boushie-killed-and-everything-changed-1.3723599


Up until a week ago I was having a pretty good summer.

The inquiry into missing and murdered Indigenous women was off to a good start, people were talking about reconciliation and the Olympics were sending out good vibes with events like the shared gold medal between Penny Oleksiak and Simone Manuel. Ms Manuel is the first African American to win a medal in swimming.

Then Colten Boushie was killed and everything changed.

Family devastated after Colten Boushie shot and killed on farm near Biggar, Sask
Sask. chiefs accuse RCMP of fuelling racial tensions in wake of deadly shooting
Sask. politicians call for end to racism following Colten Boushie's death
A week ago Tuesday, Boushie's family said he spent the day with friends swimming in the Saskatchewan River east of the Red Pheasant reserve. According to the family, on the way home, they had a flat tire and turned into a farm to get help.

What followed has been told by both sides and in the end, Boushie was dead and Gerald Stanley, the 54-year-old farmer is facing charges of second-degree murder.

Bill Hanson was the head of an organization called the Interprovincial Association for Native Employment. He used to say that 40 per cent of the people support us, 40 per cent can be convinced and 20 per cent won't come around no matter what you do. His advice was to ignore the 20 per cent and work with the rest.

Last week the 20 per cent let their feelings be known and it wasn't good.

This is when social media came alive and people were jumping to conclusions like grasshoppers. The RCMP sent out a press release that didn't clear things up and it in fact added fuel to the bonfire of racism raging on social media.

The RCMP release stated that the three survivors were taken into custody on a theft-related investigation. Later they were all released and no charges were laid. This gave people the opportunity to jump to the conclusion that the Aboriginal youth were thieves.

Also the RCMP made the statement that charges were being contemplated for property damage. This ambiguity led to the belief that the youths had somehow done damage to the farm, in reality the truck's windshield was smashed by one of the people at the farm.

Facebook group fuels hate

A Facebook page with the title Saskatchewan Farmers Group lit up with racist comments. Comments such as "shoot them, breed like rabbits anyways," "He should have shot all five of them given a medal," "his only mistake was leaving three witnesses." And so on.

The page has since disappeared but for a while it was the focus of the province's racist underbelly. But these were not anonymous bigots; they gave their names and were blatant in their condemnation of Aboriginal people. This lack of shame or hiding one's name is an indication that racism is widespread in this province.

The reaction in the Aboriginal community was much different. People were shocked at the callous and racist outpouring of hate before the family even had a chance to mourn their loss, hold the funeral and conduct the appropriate ceremonies.

Colten Boushie remembered as 'good guy' at funeral on a Sask. First Nation
Facebook comments rolled in such as: "This is terrible! Sounds like down south! Murder in front of four witnesses is the crime here!"

'In the past Saskatchewan has had its share of racial violence but this time social media has brought it to the surface.'
- Doug Cuthand
The province's political leaders took a stand against the racist comments but didn't single out the white farm group. Instead condemnation was vaguely spread across the whole population.

Premier Brad Wall naively pointed out that racism has no place in Saskatchewan when in fact, it's a part of this provinces fabric for generations.

However, to his credit, Premier Wall also pointed out that, "There are laws that protect citizens from what this kind of hate may foment. They will be enforced."

In the past, Saskatchewan has had its share of racial violence but this time social media has brought it to the surface.

Today Aboriginal people have laptops and iPads and access to social media. What many white people don't realize is that we have embraced technology and use it as a part of our culture. Stories and commentary are shared on Facebook in the same manner that travellers would tell stories of their exploits.

This was behind the success of the Idle No More movement and it will be behind the ongoing discussion on this case and subsequent demonstrations.

Colten Boushie funeral 2
Family from as far as Alberta and the northwest U.S. gathered on the Red Pheasant First Nation Saturday morning for the funeral of Colten Boushie. (OLIVIER FERAPIE/RADIO-CANADA)

This Thursday, Stanley makes a court appearance and a large rally is planned. Aboriginal people from across the province will be there to show their support to the family and friends who lost a loved one.

This case will no doubt drag on and every court appearance will be met with a demonstration. Saskatchewan race relations will be in the spotlight and the 20 per cent will most likely grow.

But in the end one person has lost his life, a family is in mourning and another has the potential to spend the rest of his life in jail and his family will suffer also. All for an incident that didn't need to happen.

   
   
   
   
   
   

Sap1

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Re: Vigilante Justice ... for no reason! Colten Boushie
« Reply #7 on: August 23, 2016, 07:51:33 AM »
Excerpt:

Quote
But in the end one person has lost his life, a family is in mourning and another has the potential to spend the rest of his life in jail and his family will suffer also. All for an incident that didn't need to happen.

That leaves to be seen. I doubt the killer will spend much time in jail. If there are children involved, this is a tragedy for them as well. As far as the shooter's wife, she made a comment that put her in step with her husband, the shooter. IMHO

Sap1

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Re: Vigilante Justice ... for no reason! Colten Boushie
« Reply #8 on: February 05, 2018, 12:31:18 PM »
http://www.cbc.ca/news/canada/saskatoon/jurors-indigenous-representation-1.4517610

The trial of Gerald Stanley, who is charged with second-degree murder in the death of Saskatchewan First Nations man Colten Boushie, is exposing a fundamental flaw in Canada's justice system, say some legal experts.

Jury selection took place last week at a community centre gymnasium in the town of Battleford, located approximately 140 kilometres northwest of Saskatoon.

Potential jurors were called to stand before the lawyers and judge, and any of them could be "challenged" by the lawyers and excluded from the jury.

Under the current system, lawyers are not required to give reasons for these so-called peremptory challenges.

Boushie
Colten Boushie was killed on a farm near Biggar, Sask., in August. (Facebook)

The Boushie family say they were angered that all the Indigenous-looking jury candidates were challenged and excluded by  Stanely's defence team.

"The deck is stacked against us ... Where is the First Nations' say in this? We don't have a voice," said Boushie's uncle, Alvin Baptiste.

'It invites bias on the basis of race'
A jury selection process that allows peremptory challenges is vulnerable to allegations of racism against Indigenous people, say some who study the justice system.

penney
Being able to reject jurors without giving reason 'invites bias on the basis of race,' says Steven Penney, co-author of Criminal Procedure in Canada. (submitted)

"It invites bias on the basis of race, but also gender and other factors," said Steven Penney, a University of Alberta law professor and co-author of Criminal Procedure in Canada. "It's not a value we should allow in our system. This case is highlighting those flaws. It may help to spur change."


Gerald Stanley murder trial judge advises jury on contradictory testimony
'Deck is stacked against us,' says family of Colten Boushie after jury chosen for Gerald Stanley trial
Federal Minister of Justice Minister Jody Wilson-Raybould said she shares the concerns about the lack of Indigenous people on juries.

In an emailed statement last Friday, she said peremptory challenges have always been part of the common law and the Canadian justice system. She said any changes would require careful study and consideration.

Gerald Stanley arrives in court JAnuary 31, 2018
Gerald Stanley arrives in court with his defence team. (Guy Quenneville/CBC)

"Nonetheless, the underrepresentation of Indigenous jurors is an issue in several provinces and it is a reality I find concerning," Wilson-Raybould said.

She said the National Judicial Institute is looking at ways to increase the complement of Indigenous jurors, and she supports its work.

Boushie's cousin, Jade Tootoosis, said she was not surprised by the exclusion of Indigenous-looking jury candidates but found it "extremely frustrating."

Eleanore
Eleanore Sunchild is advising the Boushie family. (Jason Warick)

Eleanore Sunchild, a local lawyer advising the Boushie family, noted multiple commissions and inquiries have emphasized the need to be more inclusive of Indigenous people in the justice system. Several have recommended scrapping peremptory challenges.

"It shouldn't be allowed. It seems archaic," Sunchild said.

Anger justified, says law professor
University of Toronto professor Kent Roach is following the case in his criminal law class. He said the Boushie family is correct to be angry.

Roach, the longtime editor of Criminal Law Quarterly, also wants peremptory challenges abolished. He said the federal government could eliminate it in a package of Criminal Code of Canada changes being contemplated.

"I think it's a very simple amendment. It could be done very quickly," he said.


'Huge' pool of 750 people summoned as potential jurors for Colten Boushie case
Sunchild, Roach and others said the Stanley trial jurors are likely competent, fair people, but First Nations and M?tis people have different life experiences and see the world through a different lens than non-Indigenous people.

Other ways to challenge jurors
Penney and Roach said lawyers could still challenge jurors in other ways.

A "for cause" challenge allows jurors to be asked about their biases, likely through a series of agreed-to questions. If jurors are revealed as unsuitable, they are rejected.

Sunchild said it's too late to help the Boushie family, but she hopes changes will help others.

"I hope this case illustrates to Canadians some issues Aboriginal people face."

The trial continues Monday with defence arguments. The Crown wrapped up its case last week.

Sap1

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Re: Vigilante Justice ... for no reason! Colten Boushie
« Reply #9 on: February 05, 2018, 12:39:33 PM »
Drinking, driving, breaking into neighbors trucks ... what would you think and do if the group then entered your yard?


https://www.theglobeandmail.com/news/national/shooting-death-of-colten-boushie-a-freak-accident-defence-argues/article37853099/

An Indigenous man who died in a shooting on a Saskatchewan farm was the victim of "a freak accident that occurred in the course of an unimaginably scary situation," court was told Monday.

Gerald Stanley's lawyer was making his opening arguments before a jury at the man's second-degree murder trial. Scott Spencer told jurors that 22-year-old Colten Boushie's death wasn't justified, but they must put themselves in Stanley's shoes.

He said the Stanley family faced intruders on their farm near Biggar, Sask., in August 2016, which created a panic situation.

"So is it unreasonable to fire warning shots when the intruders have tried to steal, taken a run at you with their vehicle, crashed into your vehicle ? from Gerry's perspective intentionally ? almost run over your wife?" Spencer told court in Battleford, Sask..

"Is it reasonable to fire warning shots to get them to just leave? That's what it comes down to in many ways."

Boushie was sitting in the driver's seat of a grey Ford Escape when he was shot in the back of the head.

"This was not a justified death. This death is not justified legally or morally. It is never, never right to take somebody's life with a gun. But that's not what this case is about," Spencer said.

"This is really not a murder case at all. This is a case about what can go terribly wrong when you create a situation which is really of the nature of a home invasion. For farm people, your yard is your castle and that's part of the story here."

Court has heard an SUV carrying five people had a flat tire and drove onto the Stanley farm. The driver testified the group had been drinking during the day and tried to break into a truck on a neighbouring farm, but went to the Stanley property in search of help with the tire.

Stanley's son has testified that on the day of the shooting, he and his father heard an ATV start and thought it was being stolen. The pair ran toward the SUV and threw a hammer at the windshield as the driver tried to leave the farm.

Sheldon Stanley said he went into the house to get his truck keys and heard two gunshots. He said he heard a third when he came back out. He told court he saw his father, looking sick, with a gun in his hand saying, "It just went off."

"You have to view it from Gerry's perspective and what he faced. The fear, the unknown. When you're in a situation where you have intruders and you don't have the luxury of being able to wait for police assistance. This case comes down to what's reasonable," Spencer said.

"It's not a self defence. What can you do to protect yourself in those circumstances? You can't use lethal force but is it reasonable to deal with the circumstance to protect you and your family?"

Spencer suggested Stanley's gun misfired.

"The tragedy is the gun just went off," he said, adding Stanley will take the stand to explain what happened from his perspective. "The young people aren't on trial but they created this panic situation.

"If they would have just stopped ? stopped drinking, stopped drinking and driving, stopped breaking into people's places, stop vandalizing stuff, stop crashing into things. Just walk away."

The Crown wrapped up its case last week.

Sap1

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Re: Vigilante Justice ... for no reason! Colten Boushie
« Reply #10 on: February 05, 2018, 01:48:44 PM »
This is such a bothersome case. I'm certain both the victim and the shooter were likely very good people and that circumstances led to this horror. I can understand the fears a farmer faces when they are distant from a policing unit and are facing frequent threats of either thefts or damage or injury to a loved one. I also know that imbibing in a lot of alcohol will render a person incapable of making sound judgements. So when a person is associated with a group of young people that frequently drink alcohol and frequently loot from areas not close to a policing unit, what in their alcohol fueled minds make them think anyone of the farmers targeted will trust them? These are not one time incidents, rather frequent occurrences. There are more victims here than just the deceased. Don't push buttons that can turn out to be volatile and for heaven's sake, find a better hobby than getting tanked (drunk) all the time!

capeheart

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Re: The life and death of Colten Boushie
« Reply #11 on: February 05, 2018, 05:21:43 PM »
Sap1, I am like you, I never heard about this case too much down in Atlantic area. I feel that the situation was created by others invading a person's private property. I do not believe it had anything to do with race, creed or color.  This is not the first time this has happened, when people have a fear of being robbed and are a long distance from getting help from anyone.  Sometimes the fear causes them to act differently then if it was a one on one situation. The farmer possibly felt threatened and if there was more then one individual, he could have been the person that ended up deceased and not the other way around.  I think in this case, if I was in that situation, I might shoot and ask questions later. I may not aim at the person, but I'd sure as hell have my hand on the phone and the gun at the same time.  And he may have had the impression those people were armed and he may have fired in excitement, may have been going to scare them into leaving.  It is hard to say, but I do not believe this was racially motivated. I don't think race is a factor here, I think it was invading the land of someone who had no immediate protection and decided to protect himself. I do hope there will be a peaceful outcome for the people of that community. They should weigh all sides of the confrontation before coming to the conclusion that it was racially motivated. Peace to everyone in the area and hope this will be dealt with to everyone's favor.

Sap1

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Re: The life and death of Colten Boushie
« Reply #12 on: February 08, 2018, 03:32:29 PM »
http://thestarphoenix.com/news/local-news/gerald-stanley-trial-witness-admits-lying-to-police-about-rifle-groups-alcohol-consumption

Excerpt:

Quote
Jackson, 24, told court Thursday that Cross-Whitstone was the driver on Aug. 9, 2016. She said Cross-Whitstone had been drinking, was driving ?recklessly? when they were heading home from the river and swerved off the road at one point, causing one of the vehicle?s tires to pop. She said she was feeling drunk and tired and fell asleep in the back of the SUV shortly after that.

Cross-Whitstone, 18, told the jury he?d been driving drunk and had a .22-calibre rifle in the back of the SUV.

He said when police interviewed him 24 hours after Boushie died he was ?half cut? because he?d had so much to drink and didn?t tell the truth about drinking or having a gun. He said he also lied about those things while under oath at Stanley?s preliminary hearing in April 2017.

?It?s not normal for someone to see something like that. I was terrified. I didn?t know what to say. I was young, I was stupid, I?ve changed a lot since that happened and I?m willing to face the consequences,? Cross-Whitstone told court.

?I was scared for myself and I was scared for the people there, that they might get in trouble, and I knew I was wrong, but that?s just how I was feeling over there because I was scared out of my mind, I didn?t know what to say.?


Cassidy Cross-Whitstone outside Battleford Court of Queen?s Bench on Feb. 1, 2018. MICHELLE BERG / SASKATOON STARPHOENIX

Cross-Whitstone told the jury that, after leaving the river, he drove the SUV onto three farms. At the first farm, no one left the vehicle, he said. At the second farm, he said he and Meechance attempted to steal a truck and he used his rifle to try to break the window, but the rifle broke.

Cross-Whitstone said he lied to police and at the preliminary hearing about attempting to steal that day.

After the rifle broke, Cross-Whitstone said he snapped out of a blackout, realized what he was doing was wrong, and decided to go to another farm to ask for help. He said he drove onto Stanley?s farm, but before he could ask for help Meechance jumped out of the SUV and got onto one of Stanley?s quads.

debbiec

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Re: The life and death of Colten Boushie
« Reply #13 on: February 08, 2018, 03:44:37 PM »
Taken from the first post:
Quote
Edited to add: In the beginning of this case stories were fabricated and even now, stories are still being made, as one lawyer pointed out and the witness who had fabricated, agreed. If one wants justice and not revenge, it is in the best interests to speak the truth to media and police, especially the police. What the heck can truth and reconciliation provide when so much is based on fabrication?
I have changed my mind ... this wasn't so much a case of vigilante justice as it was self protection after continued targeting of farmers. Farmers who were hard working and ran their butts off providing their families with livelihood. NO ONE has a RIGHT to steal from them. CRA takes enough.

Well said sap. After reading all the posts, I totally agree.

jellybean

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Re: The life and death of Colten Boushie
« Reply #14 on: February 08, 2018, 06:31:09 PM »
I recall seeing on the news, months ago,   these farmers being interviewed on camera.

They were being targeted and feared for their lives and their livestock.
They felt that they did not have any protection from the law.
They were warned by RCMP that they could be charged if they killed someone on their land.

That news was very unsettling to me.  What could these farmers do.... As they said, by the time the RCMP are able to arrive, it might be too late to save the farmer, and his land.

Very sad that a young native lost his life, and this farmer has been put through hell and back.
While Idle no More should give these young people something to do with their time. And it should not cost billions of dollars to keep them busy.

Both sides the whites and aboriginals need to sit down and have a frank discussion.  Discuss the fears that they have about one another, and where they would like to end up within their relationships in society.

Truth and reconciliation works both ways, in my opinion.  It is not strictly a native issue - non aboriginals have their concerns and issues as well, where natives are concerned.

It is a complex problem, only because we allow it to be.Troubled youth?  Natives don't own it - we have our own as well.  Poverty?  We have that too! Drugs, alcohol issues in the family?  We share that too. 

We share more common social issues than we do differences. And we need to talk.
A community that needs to heal must start somewhere.

Perhaps  meetings are a good beginning.  A neutral place to share common things, common concerns,  would be a very good start.  And that does not cost money.  Giving and sharing and learning from one another  is free.

My very sincere condolenses to the Bushie family in the loss of their son. A son Gone too Soon, brings so much pain.  And my thoughts go out to  the Stanley family as they go through their terrible ordeal.
A tragedy that might have been averted, if only things had been different.

PEACE
jb




 






« Last Edit: February 08, 2018, 11:06:06 PM by jellybean »