MANITOBA'S jury system survived a unique legal challenge that would have dramatically altered who is allowed to hear trials.
Court of Queen's Bench Chief Justice Marc Monnin released a long-awaited decision Wednesday that ruled against an accused killer who claimed his right to have a trial before a "jury of his peers" was being breached.
Monnin dismissed arguments that the jury selection process doesn't allow for a true representation of the public and discriminates against aboriginals.
Sidney Teerhuis, who is native, sought to have a largely aboriginal panel hear his high-profile second-degree murder case. He is accused of dismembering, beheading and castrating Robin Greene, 38, inside the Royal Albert Arms Hotel in the summer of 2003.
Greene, a Shoal Lake resident visiting the city, had been cut into eight pieces and left in the bathtub. Police were unable to locate some internal organs that had been removed from the victim.
Legal experts anxiously awaited Monnin's decision after the case was reserved last summer because of the ramifications for future trials.
One of Teerhuis's main arguments was that aboriginals are unfairly precluded from jury duty because of a stipulation prospective jurors can't have criminal records. He cited statistics that show 61 per cent of people who are incarcerated are native.
"There are a large number of aboriginal people being excluded from jury selection based on that provision," defence lawyer Kathleen Fotheringham argued in court.
Defence lawyer Greg Brodsky, who also fought the motion on Teerhuis's behalf, argued justice officials have created a system where the only people who are selected for jury duty are "the elderly and the unemployed."
"You may be getting a jury which is unbiased ... but you're not going to get a jury that is representative of the community," Brodsky said.
About 1,600 jury notices were sent out in anticipation of the Teerhuis trial, which was set to begin last September. The list of names was randomly generated through provincial health records and there was no indication how many people were aboriginal.
More than 1,400 of those who received notices were excused for various reasons. Only 189 people were left with 13 of those being disqualified for having criminal records, court was told.
The jury was to be chosen from the remaining 176 people.
Monnin expressed concern about the large number of potential jurors who are dismissed but said little can be done -- especially since trials now take longer to complete.
"Such a high exemption rate, while apparently not unusual, is of concern. It would suggest that from a very large random sampling, the vast majority are not able to serve," Monnin said.
Monnin did make a slight change by ordering the Crown to disclose the names of potential jurors to the defence five days before jury selection, instead of on the day of selection.
The Teerhuis case made international headlines because police recovered a $4,000 necklace at the crime scene that had been stolen one day earlier from the set of the Hollywood movie, Shall We Dance?, starring Susan Sarandon and Richard Gere.
www.mikeoncrime.com
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