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 bit- terly divided Canadians, Stanley was acquitted of both murder and manslaughter by a jury in Battle- ford 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 back- ground to the case including misunderstandings over crime when Treaty 6 was negotiated, the 1885 hanging of eight Indigenous men at Fort Battle- ford, the role of the rcmp, prior litigation over Indigenous underrepresentation on juries, and the racially charged debate about defence of property 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 de- cision not to appeal the acquittal. Concluding his study, Roach asks whether Prime Minister Justin Trudeau’s controversial call to “do better” is possi- ble, given similar cases since Stanley’s, the difficulty of reforming the jury or the rcmp, and the combi- nation of Indigenous underrepresentation on juries and overrepresentation among those victimized and accused of crimes. Informed and timely, Canadian Justice, Indige- nous Injustice is a searing account of one case that provides valuable insight into criminal justice, racism, and the treatment of Indigenous peoples in Canada. “Timely, useful, and authoritative, Canadian Justice, Indigenous Injustice offers a thoughtful and balanced discussion of the evidence and the issues behind a highly controversial topic. A worthy and important study.” Ken S. Coates, University of Saskatchewan and co-author of Land of the Midnight Sun Kent Roach, cm, frsc, is the Prichard-Wilson Chair in Law and Public Policy at the University of Toronto and the author of numerous books on Canadian criminal justice. 1 M Q U P S P R I N G 2 0 1 9 I N D I G E N O U S S T U D I E S • L A W Canadian Justice, Indigenous Injustice The Gerald Stanley and Colten Boushie Case kent roach Foreword by John Borrows Putting Gerald Stanley’s acquittal for killing Colten Boushie in the context of Canada’s colonial and systemic discrimination against Indigenous peoples. S P E C I F I C AT I O N S February 2019 -5,7a755pl7lnp,7n 4phi-lv bAU1 4phi-lv Dc1 ksni-- $.9ru n B - sln66 0g99T omot.oN.0