Ontario to examine First Nation ‘exclusion’ from juries

Ontario has appointed former Supreme Court Justice Frank Iacobucci to lead a review of how to increase First Nation representation on provincial jury rolls.
Nishnawbe Aski Nation Deputy Grand Chief Terry Waboose thinks Iacobucci is the right man for the job.
“NAN has fought for years to uncover the truth about the systematic exclusion of First Nations from the Ontario justice system,” Waboose said. “It is right, and proper that a credible jurist such as Justice Iacobucci, independent of the attorney general, inquire into and report on the extent of the exclusions, and propose solutions going forward.”
Waboose said First Nations people are highly overrepresented among those who are charged and jailed in the justice system, a trend made worse because First Nations have been systematically denied their right to serve on juries.
NAN has been looking into the issue since the 2008 Coroner’s Inquest into the Deaths of Jamie Goodwin and Ricardo Wesley, known as the Kashechewan Inquest. During that process, it was revealed the Kenora Judicial District jury roll only contained names of First Nations people from 14 of NAN’s 49 First Nations.
NAN said it has led a coalition to publicly seek a report on how and why First Nations have been excluded from jury rolls since the Kashechewan Inquest. For the last three years NAN has maintained there could be no progress moving forward without accountability about the past.
“For far too long our questions have gone unanswered, and we have had to rely on court orders and summonses to get answers on behalf of our First Nations,” Waboose said.
During the review, Iacobucci will seek input from First Nations communities and other stakeholders. A final report is expected within a year.
“I look forward to working with our First Nations representatives, and all those who have an interest in this issue, to complete a review that is comprehensive and timely and addresses the unique challenges of ensuring a representative jury roll,” Iacobucci said in a press release Aug. 11.
Convening an independent inquiry solely on the issue of the absence of First Nations from jury processes is a first in Canada, said Julian Falconer, NAN’s legal counsel.
“Solutions to a meaningful harmony between First Nations’ values and the Ontario justice system means above all speaking the truth about First Nations exclusions and collaboratively charting a path forward,” Falconer said. “Justice Iacobucci’s credibility as an independent reviewer is a reason to be optimistic about the outcome of this historic exercise.”