Lessons from Batson in a Comparative Criminal Context: How Implicit Racial Biases Remain Unaddressed in Canadian Jury Section

Authors

Brittney AdamsFollow

Abstract

This Article highlights how Batson challenges may be instructive for addressing racial biases in jury selection in Canada and draws on the murder of Colten Boushie as an illustration of how the current system has failed to hold white defendants accountable in criminal cases involving Aboriginal victims. While far from perfect, peremptory Batson challenges in the United States serve as a nod to the ongoing issue of racial bias in jury selection in the United States. Canadian jury selection contains no similar challenges, which has too often resulted in all-white or mostly-white juries failing to hold white defendants accountable for crimes committed against Aboriginal people.

Recommended Citation

Adams, Brittney (2019) "Lessons from Batson in a Comparative Criminal Context: How Implicit Racial Biases Remain Unaddressed in Canadian Jury Section," American Indian Law Journal: Vol. 7: Iss. 2, Article 1.
Available at: https://digitalcommons.law.seattleu.edu/ailj/vol7/iss2/1