In Saskatchewan, Indigenous people are worried that a new trespassing plan may stoke racial tensions

Debbie Baptiste, mother of Colten Boushie, holds a photo of her son during a press conference on Parliament Hill in Ottawa on February 14, 2018.THE CANADIAN PRESS/Justin Tang

• The Saskatchewan throne speech last month included a reference to changing trespassing laws to ‘better address the appropriate balance between the rights of rural landowners and members of the public’

A Saskatchewan grandmother who was confronted by a farmer with a gun says changing trespassing laws probably won’t stop crime but could increase racial tension.

Angela Bishop, a Metis lawyer, was driving on a rural road in Alberta in September with her two grandchildren who are visibly Indigenous. They were looking for a place to get out, stretch and go for a short walk during a long drive to Edmonton.

She noticed a vehicle driving up behind her, so she stopped.

A man got out and started to yell at her to get off his road, she said, despite her attempts to explain why she was there. She said she spotted a gun inside his vehicle.

Terrified for her grandchildren, Bishop said she tried to drive away — but the man pursued her.

She eventually pulled over, called law enforcement and requested a police escort. Officers told her that, in fact, it was a public road and she could be there.

As a rural land owner in Saskatchewan, Bishop said she can sympathize with frustration about property crime, but a life is more important.

“My concern would be that they believe they are legally entitled to take the law into their own hands,” she said from Quintana Roo state in Mexico.

The Saskatchewan throne speech last month included a reference to changing trespassing laws to “better address the appropriate balance between the rights of rural landowners and members of the public.”

The government said in an emailed statement that Justice Minister Don Morgan is prepared to meet with Indigenous people to discuss their concerns.

The province has already sought public input on whether access to rural property should require prior permission from a landowner, regardless of the activity, and if not doing so should be illegal.

A lawyer representing the family of Colten Boushie, an Indigenous man fatally shot by farmer Gerald Stanley in August 2016, said she is worried the Saskatchewan Party government is engaged in political posturing which could stoke racial fear.

A Saskatchewan farmer was acquitted in the fatal shooting of a 22-year old Indigenous man. THE CANADIAN PRESS/Liam Richards

“Indigenous people aren’t feeling safe that the authorities or the police are going to protect them or that they are not going to be shot at,” Eleanore Sunchild said from Battleford, Sask.

“It seems like there’s more of an approval to take vigilante justice in your hands, and if you are an Indigenous victim, nothing is going to happen to the non-native that shot you.”

Stanley was acquitted of second-degree murder after testifying that his gun went off accidentally. He said he was trying to scare away young people he thought were stealing from him. The Crown decided not to appeal.

Sunchild said the throne speech sends the message that the farmer was right to shoot the Indigenous man and that trespassing fears are justified.

Sunchild wonders what advice she would give her own children if they have car trouble or need help on a rural road.

“Do I tell them to go ask a farmer? I don’t think so.”

Heather Bear, vice-chief of the Federation of Sovereign Indigenous Nations, said the Boushie trial and provincial response have many Indigenous people feeling afraid.

The Canadian Press

[SOURCE]

Family of Colten Boushie files lawsuits against Gerald Stanley and RCMP

Gerald Stanley walks out of North Battleford provincial court after his first preliminary hearing on April 3, 2017. (Saskatoon StarPhoenix)

Almost two years after the fatal shooting of Colten Boushie his family has filed lawsuits against Gerald Stanley and the RCMP seeking total damages of more than $1.86 million.

The Star Phoenix reports, Boushie’s mother, Debbie Baptiste, and two of Boushie’s brothers are named as plaintiffs in the lawsuit against the RCMP. Baptiste is the lone plaintiff in the lawsuit against Stanley.

Boushie, 22, was shot and killed on Aug. 9, 2016 while sitting in the driver’s seat of an SUV that was driven onto Stanley’s farm near Biggar, Sask.

In February, Stanley was found not guilty of second-degree murder in the death of Boushie.

According to a statement of claim filed late Wednesday in Saskatoon Court of Queen’s Bench, the lawsuit against Stanley claims the “death of Colten Boushie is a direct result of the negligent, reckless or intentional acts of the defendant, Gerald Stanley.”

In the suit, the family claims Stanley failed to assess or monitor the risk of the situation and failed to contact police to deal with any potential risk. In the lawsuit, the family claims Stanley then used “excessive force when it was uncalled for,” shot Boushie at “point blank range” in the back of his head when he wasn’t a threat and did not administer or call for any medical assistance. It also says that Stanley’s wife, Leesa, is a registered nurse and didn’t take any action to provide life-saving measures.

The suit is seeking over $400,000, including $30,000 in damages to be paid directly to Baptiste, $20,000 in funeral expenses, $60,000 in grief counselling, $60,000 in out-of-pocket expenses, $100,000 in lost employment earnings for Baptiste, and $200,000 in “aggravated, exemplary and punitive damages to be proven at trial.”

Debbie Baptiste, the mother of Colten Boushie, holds a photo of him outside provincial court in North Battleford on April 6, 2017. (CTV Saskatoon)

A separate court filing by the family is also calling for $1.45 million in damages to be paid by members of the RCMP.

The lawsuit lists seven RCMP officers as defendants, along with the Attorney General of Canada, and alleges they conducted an “unlawful search” of Baptiste’s home the night of Boushie’s shooting.

The plaintiffs claim the RCMP “deliberately engaged in discrimination by subjecting three proud members of the Red Pheasant First Nation to ridicule, unlawful searches, and humiliating breath tests.”

None of the claims made in the lawsuit have been proven in a court of law.

The defendants have 30 days to respond.

In a statement to media, RCMP said “Our sympathies remain with the family and friends of Colten Boushie, who have suffered such a tragic loss.”

“We are fully cooperating with the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police (CRCC). The CRCC is investigating the death of Mr. Boushie and the events that followed, including the next of kin notification, the search of the family residence, and the dissemination of media releases. The RCMP’s handling of an initial complaint filed by a family member is also under review by the CRCC,” the statement reads.

RCMP said they had no further comment on the lawsuit, since it was before the courts.

Crown says it won’t appeal not-guilty verdict in Gerald Stanley trial

Gerald Stanley enters the Court of Queen’s Bench for the fifth day of his trial in Battleford, Sask., on Feb. 5, 2018.

The Crown says it won’t appeal the acquittal of a Saskatchewan farmer who was accused of fatally shooting a young Indigenous man in the head.

Last month, a jury found Gerald Stanley not guilty of second-degree murder in the death of Colten Boushie, who was 22 and from Red Pheasant First Nation.

The Crown says a verdict can’t be appealed because people don’t agree with it or because there may be questions about the investigation.

“The Crown can only appeal legal errors in the course of the trial,” senior prosecutor Anthony Gerein said Wednesday at a news conference.

The trial heard that Boushie was one of five young people who drove an SUV into Stanley’s farmyard near Biggar, Sask., in August 2016. Those in the SUV testified they were looking for help for a flat tire while Stanley told the trial he thought the youths were trying to steal an all-terrain vehicle.

Stanley testified he fired warning shots to scare them away and the gun accidentally went off again when he reached for the keys in the SUV’s ignition.

The case was filled with racial tension from the beginning and the verdict was met with outrage from Boushie’s relatives and their supporters.

Family members met with federal ministers along with Prime Minister Justin Trudeau to ask for changes to the justice system and to how juries are selected to better reflect Indigenous people.

Protests were also held around Canada to voice displeasure with the outcome of the case.

“I know there is much sadness about the decision not to appeal, but there can be no appeal because the law does not allow it,” Gerein said.

He said the Crown did not consult with the Boushie family about the legal decision. But Gerein spoke to lawyers on both sides and they informed their clients, he said.

Boushie’s cousin, Jade Tootoosis, has said that the family felt excluded and ignored by the justice system following the shooting.

“I urge no one to be discouraged or distrust the system. We are all in this together and must be united against crime and in the search for justice,” Gerein said.

“Complainants need to come forward when they have been wronged. Witnesses need to come to court and testify, sharing the truth. Good men and women will convict where they are sure it is right.”

On Tuesday, the Civilian Review and Complaints Commission launched a review into the RCMP’s investigation into the shooting.

The Canadian Press

[SOURCE]

‘The world knows his name’: rally for Colten Boushie held in Regina exactly one week after verdict

Members of the American Indian movement were part of a one-week rally on Friday night, in which people took a minute to remember and honour the memory of Colten Boushie. (CBC News)

Minute of silence held one week after Gerald Stanley found not guilty in Boushie’s death

One week after the verdict in the Gerald Stanley murder trial came down, people gathered in Regina to remember the death of Colten Boushie.

A group of about 60 walked and sang during the Friday night rally, before making their way to a downtown hall. There, they held one minute of silence at 7:30 p.m., to coincide with the time one week earlier, when a jury found Gerald Stanley not guilty in Boushie’s shooting death.

Satin Denny, eldest sister to Boushie, stood to give a tearful address. She told those gathered how thankful her family members have been for the support of everyone across Canada, following her brother’s death.

“It’s hard; I wouldn’t wish this on anyone,” she said.

Several came to the front to embrace Denny, and to speak about their feelings on the treatment of Indigenous people and their feelings on the need for change.

Murray Stonechild stood to describe some of the difficult things he had seen in his lifetime, as a war veteran, and yet how unsafe he and other Indigenous people felt right at home in Saskatchewan in the wake of Boushie’s death.

However, he said he felt something good would come from the sadness and misfortune of Boushie’s death.

“The world is watching. The world knows his name,” he said.

Stonechild said the federal government is now speaking out, recognizing the need for reform of the justice system.

Groups like Colonialism No More and the Saskatchewan Coalition Against Racism have been trying to support the Boushie family by holding events like the one-week rally, said organizer Michelle Stewart. They continue to hold events to draw awareness to what she called a “two-tiered” justice system.

“I think what we’re doing right now in Regina and across Canada is demonstrating capacity to continue to hold space until something changes,” she said.

“I hope this is a catalyst for change.”

CBC News · Posted: Feb 16, 2018

[SOURCE]

RCMP investigate after officer reportedly wrote Facebook post that Colten Boushie ‘got what he deserved’

The RCMP is investigating reports an officer made a Facebook post saying Colten Boushie “got what he deserved.”

According to APTN News an RCMP officer on the Prairies posted the message, which said the shooting of the 22-year-old Indigenous man on a Saskatchewan farm should never have been about race.

Boushie, from the Red Pheasant First Nation, was shot and killed in 2016. Gerald Stanley, 56, was acquitted of second-degree murder in a verdict last week by an all-white jury, spurring protests across the country in what many believe was a racially motivated decision.

The female officer who made the post claims to police a First Nations community.

The RCMP told the Star that there are no officers with the name linked to the Facebook account, and didn’t confirm whether the woman worked as an officer under another name.

“Too bad the kid died but he got what he deserved. How many of us work on or near reserves and are getting fed up with the race card being used every time someone gets caught breaking the law?,” she said.

Facebook post from APTN

The comment was posted in a Facebook group called “News Stories that Matter to or May Impact RCMP,” and has since been deleted.

APTN did not disclose the person’s identity, but said two sources shared screenshots of the posting and revealed who the officer is.

“Obviously, this remark is absolutely appalling and unacceptable,” Public Safety Minister Ralph Goodale said in a teleconference with journalists Thursday.

The RCMP’s statement in response to the story said on- and off-duty members must behave in accordance with the force’s code of conduct and that a member’s use of the internet for social networking is subject to the same standards.

It said members must avoid compromising the integrity of the RCMP or portraying themselves or the organization in a disgraceful or discreditable manner. When concerns about disrespectful content believed to be written by an RCMP employee are raised, “they are and will be investigated and addressed.”

“The RCMP is once again reminding people that they can and will be held responsible for their communications, both in-person and on-line, and police will investigate any complaints of suspected criminal behaviour,” it said.