The lawyer for a man accused in the shooting death of Colten Boushie says recent comments made to the media could impact the integrity of the legal process.
When describing added security at Gerald Stanley’s preliminary hearing in North Battleford as “dehumanizing,” Andre Bear told reporters Tuesday there have been reports of RCMP officers escorting Stanley while out in public — specifically, while Stanley went on a trip to the bank. The RCMP refused to confirm or deny the alleged reports but Stanley’s lawyer Scott Spencer said it is “simply not true” and that spreading misinformation could compromise the case.
“The Boushie family have indicated their respect for the judicial process and these distractions do not show them the respect they deserve,” Spencer said in an emailed statement to CTV News.
He said it wouldn’t surprise him, nor would it be inappropriate, if the RCMP had Stanley under surveillance at times to ensure he was respecting his bail conditions, but at no time was Stanley escorted while running errands.
The statement went on to say until the days before the preliminary hearing the only contact Stanley or Spencer had with RCMP was related to Stanley’s bail conditions or instances when credible threats were made against members of the Stanley family. He said most of the threats were made online and while few have been considered credible, it has been a “constant concern” for the Stanley family.
“Having said that, there were three instances this week that raised safety concerns during the course of the preliminary hearing,” Spencer said. “Those instances appeared more in the nature of intimidation than threats and were treated as such.”
RCMP barricades blocked the road in front of North Battleford Provincial Court for much of the hearing’s first two days Monday and Tuesday, while several officers were stationed outside the building and inside the hallways and courtroom.
“We feel like animals coming in and out of here every single time, having to be patted down,” Bear said.
Bear said he feels the RCMP are in place to protect Stanley, who has pleaded not guilty to second-degree murder in the death of Colten Boushie. He said officers don’t leave their stations at the courthouse until after Stanley leaves.
Boushie, who was 22, was killed Aug. 9 while riding in an SUV that went onto a farm near Biggar, Sask. He was from the Red Pheasant First Nation.
His death ignited racial tension in Saskatchewan. Stanley’s August bail hearing was highlighted by hundreds of Boushie supporters rallying outside the courthouse.
Bear said he feels indigenous people have been mistreated throughout the court process in the case.
“That’s extremely dismaying, that’s disheartening and it dehumanizes First Nations youth all across this province,” he said.
Bear is the youth representative for the Federation of Sovereign Indigenous Nations, but the FSIN told CTV News he was not commenting on behalf of the organization. It did, however, point to previous comments in which the group stated it believes the RCMP showed “poor judgement” throughout stages of the investigation into Boushie’s death. A dialogue about those comments is still ongoing between the RCMP and the organization, according to the FSIN.
The RCMP blockades in front of the North Battleford courthouse, which were in place all day Monday, were lifted Tuesday afternoon, but officers still remained in and around the building.
The lawyer for the Boushie family, Chris Murphy, said he wasn’t aware of any threats and said he’s never before seen that amount of security at a court case.
“If you’re living in the Battlefords and you’re driving past the courthouse, it looks like this block is on lockdown,” he told reporters Tuesday. “The RCMP is doing their job. I just don’t know what message it sends to the general community.”
In an emailed response, the RCMP said, “Public safety is the priority and situations are assessed based on that. We then evaluate and adjust resources.”
Security was also upped in August when hundreds showed up to support Boushie's family.
As the hearing picks up again Thursday Spencer said he encourages others to follow the lead of the Stanley and Boushie families when it comes to respecting the legal process and each other.
Late Wednesday night the FSIN released a statement saying the Boushie family, Murphy and FSIN Vice-Chief Heather Bear will address the media Thursday morning.
A rally in support of the Boushie family is also scheduled then, which is expected to be the last day of the hearing. About 100 people on social media have said they will attend the rally.
Full statement from Scott Spencer, Gerald Stanley's lawyer:
Some of the recent comments in the media are very disappointing, particularly in the context of the preliminary hearing which, although very difficult for both families, has been marked by mutual respect.
Although our focus must be on the ongoing legal process, and I am generally reluctant to comment on matters before the Courts, I have come to the conclusion that some of the recent comments require a response as they could impact on the integrity of the legal process.
Firstly, I must state that it is important for all of us to appreciate that we should not attribute comments of individuals to groups.
It was brought to my attention today that statements have been made to the effect that the RCMP have been escorting Gerry everywhere. That is simply not true.
It would not surprise me, and certainly it would not be inappropriate, if the RCMP did have Gerry under surveillance from time to time to ensure that he was respecting the strict release conditions he is under.
However, if they have, neither Gerry or I have been aware of it. Of course, considering that Gerry is under 24/7 electronic monitoring as part of his Bail conditions, I would not expect that there would be much need for surveillance.
Gerry has not been escorted anywhere by the RCMP and certainly not while "running errands" or "to the bank".
To be candid, until the days before the preliminary hearing the only contact between Gerry or myself with the RCMP since his release related to his Bail conditions or instances where it was determined that there were credible threats against members of the Stanley family. Fortunately, although I understand there have been many threats, mostly online, few have been considered credible, but it has been a constant concern for the Stanley family.
Having said that, there were three instances this week that raised safety concerns during the course of the preliminary hearing. Those instances appeared more in the nature of intimidation than threats and were treated as such.
We will be in Court tomorrow to continue the legal process and the search for the truth in relation to this tragedy. We will be respectful and we have every expectation that the Boushie family will also be respectful.
I speak for my client, and the Stanley family. These distractions and the spreading of misinformation are potentially compromising the legal process.
The Boushie family have indicated their respect for the judicial process and these distractions do not show them the respect they deserve.
I know how difficult this process is on the Stanley family. I will not pretend to know how difficult it is on the Boushie family, but if those families can respect the legal process and treat each other with mutual respect I think all others should follow their lead.
