An aboriginal man’s conviction for manslaughter was thrown because there were no aboriginal people on his jury, and now, the Supreme Court must decide whether that decision should stand. The case has wide implications for the question of how far authorities have to go to ensure a jury is truly representative.
The case began in 2009 when a jury in the province of Ontario convicted Clifford Kokopenace of stabbing a friend on a native reserve. An appeal Court stayed the ruling pending a constitutional challenge based on the ongoing problem of under-representation of aboriginals on juries.
Former Supreme Court Justice Frank Iacobucci had previously been asked to look into the problem and had reported that the system for recruiting native jurors broken.
Now the top court will hear arguments in the Kokopenace case. Its decision will likely affect how juries are selected in future.
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