Canadian Lawyer

12 A P R I L 2 0 1 8 w w w . C A N A D I A N L a w y e r m a g . c o m England completely abandoned them in 1988. In 1986, the U.S. Supreme Court in Batson v. Kentucky ruled out peremptory challenges based purely on race. In Australia, they exist in some form in all jurisdictions, but there is growing pressure for change. The issue has special resonance in Western Canada. While figures vary, the number of First Nations people incarcer- ated combined in federal and provincial institutions may be as high at times as 70 per cent, despite the fact that Indigenous persons represent only about three per cent of Canada's population. The prime minister says he wants action and the Justice minister is promising studies, but the problem is extraordinarily complex and resists simple solutions. Among the difficulties is making it easier for more First Nations citizens to be called for jury duty. Some prov- inces, such as Alberta, use municipal voter lists to collect a jury pool. Few First Nations people are on the munici- pal roll. The situation in Manitoba is unclear, where according to the prov- ince's Jury Act, the names of potential jurors are drawn from an "appropriate list." In Saskatchewan, the approach appears more inclusive and balanced. The province's Medical Care Insurance Plan is used and it covers all residents of the province regardless of race. Saskatchewan also does not specifi- cally reject potential jurors with crimi- nal records. Alberta and Manitoba exclude individuals with serious crimi- nal records. Consequently, in those provinces, a disproportionate number of Indigenous people never even make the jury list. Donald Worme, a veteran Saska- toon lawyer who is Indigenous and who has served on numerous federal and provincial inquiries and investiga- tions into the justice system, calls dif- ferent jury selection rules in different provinces "intolerable," especially when they tend to disadvantage First Nations jurors. Worme points out that poten- tial Indigenous jurors often have to travel long distances to serve on juries because the reserves are some distance from court centres. "It might be time for the courts to travel to the reserves," he says. Canada has a lot invested in a con- tinuing reconciliation process with the First Nations. The complex challenge facing the federal government is find- ing some way to maintain the confi- dence of all Canadians in the fairness of the justice system. — GEOFF ELLWAND Medico - Legal EXPERT WITNESS ALTERNATIVE DISPUTE RESOLUTION EXPERT AUTHORITY KNOWLEDGE TRUSTED OBJECTIVE ACCURATE Your case is too important. You deserve the best EXPERT WITNESS. Unparalleled expertise from award-winning medical experts. More than 2,000 med mal/personal injury cases & 300+ lawyer clients assisted. A top provider of cost of care reports for your most catastrophically injured clients. CONNECTMLX.COM EXPERTS@CONNECTMLX.COM TOLL FREE: 855-278-9273 ntitled-1 1 2017-11-02 8:41 AM \ AT L A N T I C \ C E N T R A L \ W E S T REGIONAL WRAP-UP B.C. OPENS FIRST NORTHERN FIRST NATIONS COURT Stanley trial sparks jury selection debate Continued from page 11 B .C.'s sixth First Nations Court opened this month in Prince George, the first northern B.C. court of its kind in a region that reflects a dismal chap- ter of incarceration rates for Indigenous people in the criminal justice system. "We have the Prince George Regional Centre here. Its population is 75-per- cent Indigenous people," says Christina Draegen, northern regional manager of the Native Courtworkers and Counselling Association of B.C., which has been spearheading a three-year community push for a local FNC. The FNC deals with summary convictions where an offender pleads guilty and involves First Nations elders in prescribing restorative justice sentencing that is supported by the Indigenous community. "We know what we have been doing was not working," says Draegen, as the provincial correctional centre's numbers grow and inmates are now being trans- ferred to other centres. The large number of Indigenous inmates can only be described as a "crisis," she says, adding that "a lot" of the inmates are re-offenders. "Our concern is how many of these individuals find themselves in the revolv- ing door of the criminal justice system and that the individual goes undiagnosed with mental health issues, fetal alcohol syndrome or a combination of historical trauma and residential school trauma," she says. While B.C.'s Indigenous population stands at five per cent, with Prince George registering at 12 per cent, the northern hub draws in First Nations peo- ple from throughout the northern region, which is home to various bands. The migration to the city from more rural outpost areas is a repetitive and ageless story for younger First Nations members who leave band lands because of lack of housing, employment, educational opportunities and health care. Once arriving in the city, they are met with the inability to find work, Prince George's tight rental market and moving in with relatives. "You have just shifted

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