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.