B.C. Needs More Natives on Juries

It is a well known fact that Aboriginals are overrepresented in the Canadian criminal justice system, but recent reports suggest that Native people are underrepresented in juries across Canada. Reports suggest that aboriginal jurors are rare, even in communities where there is a significant Aboriginal presence in the community. The British Columbia Civil Liberties Association (BCCLA) has decided to take on the issue. David Eby, the head of the BCCLA notes that Aboriginals are expressing concerns that while the jails are full of Native people, the judges, lawyers and juries are predominately white. The Native community feels that they are not being judged by their peers.

Concerns were expressed to then Attorney General Barry Penner, who stated that all efforts are made to include Aboriginal’s in juries. Jurors in British Columbia are chosen from a list compiled by Elections B.C. and therefore all eligible voters are included in the juror list. The Globe and Mail reported on August 22, 2011 that "the province of British Columbia has a policy on the books designed to ensure that Reserve residents who have chosen not to be enumerated are included in the jury, but that policy is dated and it may not have been fully implemented." After receiving such information Mr. Penner contacted 191 Aboriginal bands in an attempt to have more Aboriginals sitting on juries. Four bands out of the six that replied have provided names for the purposes of possible jury duty.

While some may not see this as a pressing issue, I on the other hand do. I believe that it is important for individuals going through the system to be tried in front of their peers. I believe that it is important to recognize that Aboriginals are not subjected to the same issues as society at large; often Aboriginals face significant barriers and disadvantages throughout their lives. I believe that no other individual is in a position to accurately understand what they are going through or what may have led them to commit a criminal offence except an individual that has faced the same systemic barriers as them.

Remembering Jack

The Honourable Jack Layton, PC, leader of the Official Opposition of Her Majesty the Queen passed away on August 22, 2010 at 4:45 ET at his home in Toronto, Ontario with his family by his side. He was only 61 years old. Unfortunately, his second battle with cancer took his life. Jack, as he was known to Canadians, was the man responsible for single handedly rejuvenating the NDP Party in Canada. In just a few elections, Jack was able to lead the NDP from having a few seats in Parliament to becoming the Official Opposition in Canada for the first time in history in May of 2011. He was a lifelong politician, following in the footsteps of his father and grandfather. Before becoming a Member of Parliament, Jack was a Toronto city councilor.

Many of us remember Jack for his political contributions to Canada and his quest for a better Canada. Even though he was a great politician, he was an even better man. His friends and family can attest to his great personality, and his loving and caring demeanor. In his last few days, Jack penned a letter addressed to all Canadians. In that emotion filled letter, Jack told Canadians that “Canada is a great country, one of the hopes of the world. We can be a better one-a country of greater equality, justice and opportunity.” His letter urged Canadians to move forward and further improve our country. In the last few lines of his letter, Jack told Canadians that “love is better than anger. Hope is better than fear. Optimism is better than despair. So let us be loving, hopeful and optimistic. And we’ll change the world.” Those were the last words of a man that battled cancer and lost. Perhaps, then it was Jack’s optimism that was his greatest attribute because even though he may have lost his battle with cancer, he urged Canadians to continue with their fight telling them “please don’t be discouraged that my own journey hasn’t gone as well as I hoped. You must not lose your own hope. Treatments and therapies have never been better in the face of this disease. You have every reason to be optimistic, determined and focused on the future.” These words highlight, how great of a man Jack Layton was.

The passing of Jack Layton has brought Canadians together, no matter what political party they belong to. Tributes from Prime Minister Stephen Harper, Governor General David Johnston, and former Prime Minister Paul Martin are just amongst the few tributes that have poured in for Jack. You may not have agreed with the policies of Jack Layton, but I am sure it would prove to be a difficult task to find a person that didn’t respect Jack Layton.

My dearest sympathies go out to the Layton family and those that knew Jack personally. It is a great loss to politics, this country and society in general to lose a man like Jack Layton.

Assisted Suicide Challenge Comes to Halt in BC Supreme Court

Seventeen years ago, Sue Rodriguez began a debate on assisted suicide that is currently making waves in the province of British Columbia. Rodriguez who had amytrophic lateral sclerosis also known as Lou Gehrig’s disease took her challenge of legalizing assisted suicide all the way to the Supreme Court of Canada in 1993. Ms. Rodriguez believed that it was her right to have access to assisted suicide. The Supreme Court of Canada did not see it that way and upheld s.241 (b) of the Criminal Code- which provides a 14 year maximum penalty for assisted suicide as being constitutional. A 5-4 divided court was an indication of how divided not only the top court was but the country was as well. The issue has been constantly debated by lawyers and legal academic everywhere, yet there appears to be no consensus on what the actual right answer is to the question of whether assisted suicide should remain illegal or become legal.

Today, the Supreme Court of British Columbia provided an answer to the Farewell Foundation’s bid to challenge s. 241(b) of the Criminal Code as being unconstitutional. Madam Justice Lynn Scott shot down the request of the Farewell Foundation, who were hoping that assisted suicide would become illegal so the agency would be able to provide such services to individuals who wished to use them. The Farewell Foundation intended on using non-medical practitioners and counselors to provide such services. However, the Farewell Foundation was fighting for both medically assisted suicide and non-medically assisted suicide. Either way their challenge was halted in the Supreme Court of British Columbia. In rejecting the arguments of the Farewell Foundation, Justice Smith urged the Farewell Foundation to join the BC Civil Liberties Association’s (BCCLA) quest for legalizing assisted suicide. The BCCLA is currently fighting for Gloria Taylor, a Kelowna woman who is dying of Lou Gehrig’s disease. The Farewell Foundation has stated that they will seek “intervenor status” in the BCCLA matter as it will continue to allow them to take their cause up in the courts.

While the Farewell Foundation may not have got the result that they wanted, they have rekindled a debate that will undoubtedly be followed closely. Only time will tell whether the BCCLA can help Ms. Taylor take her cause all the way up to the Supreme Court of Canada and overturn a decision that has stood for 17 years. Who knew that Sue Rodriguez would trigger a debate in 1993 that is still being discussed and litigated to today. Who knows when this discussion will actually come to an end.