Well, you know, I wasn't there, but I've read a lot about it. As far as I know, I've seen no data on who was stood aside, who was indigenous. I've heard no evidence about how many indigenous people were on the array, which is the panel of people from which the jury is selected. Also, I strongly believe that we should not do fundamental criminal law reform based on anecdotes. We should do it based on research and reliably gathered data.
Let me just ask you this rhetorical question, because we know about the Boushie case. Let me ask you this question.
A client is charged with sexual assault. We have gotten rid of peremptory challenges, so the Crown has no ability to decide who is on the jury; I have no ability to decide on the jury. By chance—because that's what it will be—12 men are selected. It's a high-profile sexual assault case, there are 12 men on the jury, and my client is acquitted. What do you think the outcry is going to be?
I can tell you that with peremptory challenges in place, there would be women on that jury. We utilize peremptory challenges because those of us who do jury trials—and many lawyers don't—believe that a representative jury in terms of age, occupation, and gender is the best way to have a cohesive group of 12 people sitting in that room deliberating about our client's fate.