Posts Tagged ‘R vs Stanley’

R. vs. Stanley: Saskatchewan Court of Queens Bench

Written by Harold McNeill on February 18th, 2018. Posted in Tim Hortons Morning Posts, Editorials


Chief Justice

Martel D. Popsecul, Chief Justice
Presiding over the R. vs. Stanley Trial 

The following Charge to the Jury by Chief Justice of the Court of Queen’s Bench for Saskatchewan, the Honourable Martel D. Popescul, is likely the most reliable document yet published providing insight into the R. vs Stanley trial.

(This post outlines my analysis of why I think the Chief Justice led the Jury directly to a finding of not guilty. It was not a directed verdict in the usual sense, but his words had the same effect.)

And, in those words, all 11,000 of them, the Chief Justice attempts to summarize every aspect of the trial as well as the law governing the charges.  It took the Chief Justice just over one and one-half hours to read his document in court with copies then supplied to the Crown and defence as well as to each juror.

In the copy below, those parts which, in my mind, inexorably led the jury to conclude that Gerald Stanley was not guilty on all counts, are highlighted.  There is little doubt the majority of jurors would have found some parts of the summary so complicated as to render them nearly useless in their deliberations.

Having spent thirty years in law enforcement and a further twenty-five reading and writing about various law enforcement issues, I have some degree of understanding of these complex issues, but even at that, I found some sections of the summary tough slogging.

The jury, on the other hand, deliberated a mere fifteen hours before reaching a ‘not guilty’ verdict on all counts.  Fifteen hours is scant time to consider the various pieces of physical and verbal evidence presented over the two-week trial let alone give full consideration to the details provided in the Judge’s Charge to the Jury.

The jury was made up of random citizens selected from the community and while the process was random, many who have experience with law enforcement (police members active and retired, lawyers and judges, as well as a myriad of others involved with the criminal justice system) would have been removed from the jury pool. This is routinely done to remove any suggestion of bias.  Additionally, “pre-emptive” removals can be used to remove others that either the Crown or Defence think may not be impartial. It was by that process Defence Counsel removed all aboriginals from the jury.

As for the those selected, most are unlikely to have had any experience with jury duty and, before selection, will have been exposed to considerable information about the killing which led to the charge. Given the role played by ‘confirmational bias’ in the lead-up to and during the trial, the Judge’s charge seems the best source for an unbiased view of the case. Or was it?

While the Judge read his comments to the jury before handing them a copy, it is hard to rationalize how, in 15 hours of deliberation, the jury could absorb the complicated issues to a degree that would allow them to render an informed decision.  Because jury deliberations are secret, we shall never know exactly how they reached that verdict in such short order.

If you have the time and inclination to read the Judge’s words to the jury, you may or may not come to the same conclusion I have about a clear path being set out for them to render a ‘not-guilty’ verdict on all counts.

In the following copy, I have separated the ‘Charge to the Jury’ into several parts for easy reference and have highlighted some comments in bold (those I consider important) and in yellow, as ‘very important’.  In addition, I have made a few short comments on some numbered sections.

Before presenting the complete text of his remarks, I will submit the thread comments the Honourable Justice, made that I think pushed the jury towards a finding of ‘not guilty’ on all counts.  The fact the jury deliberations took less than two days suggests the Jury had likely made up their minds very early in the process.

Harold McNeill (Det. Sgt. Retired)

Note: Here is a short discussion along with related links regarding the rights and responsibilities of private citizens to use firearms as a means of Protecting Life and Property

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Comments

  • Mike Fedorowich

    September 1, 2023 |

    I have gone through the above noted text and have found it quite informative.
    I am a former member with several law enforcement agencies from across Canada.
    I worked in the First Nations service under the authority of the RCMP with the over sight of the OPP. My law enforcement service was conducted under the authority of the Nishnawbe – Aski Police Service in North West Ontario the Louis Bull Police Sevice in Hobbema AB, the Kitasoo Xaixais Police Service in Northern in side passage on Swindle Island, the Lac Suel Police Service North West Ontario and the Vancouver Transit Authority Sky Train Police Service. I’m presently dealing with an RCMP member for falsifying a report against me for a road rage event. Court case is finished and the charge was dropped but I have an on going complaint with the member and have forwarded to the WATCH DOGS IN OTTAWA FOR the RCMP review and consideration. I believe the said officer is in violation of his oath of office and should be held accountable for falsifying his RTCC all the while dragging me through the court system here in Nanaimo. RCMP continue to stonewall the appeal but Ottawa and the crowns office are still looking into the matter. if your able and find the time or the interest in this very brief introduction, I would very much like to speak with you and would be grateful to hear any wisdom that may come across from your end. I served with First Nations Police Services for ten years in isolation and six years with Transit Police out of New West Minster. I do value and appreciate any time you could spare to chat for a bit on this particular subject matter. Respectfully with out anger but an open mind, Mike Fedorowich Nanaimo BC 250 667 0060

  • Harold McNeill

    February 28, 2022 |

    Hi Robert, I do remember some of those folks from my early years in Cold Lake (Hazel was my aunt and our family spent many fond times with Uncle Melvin, Aunt Hazel and Family. I knew Lawrence and Adrian. Having read a half dozen accounts it is clear their were many false narratives and, perhaps, a few truths along the way. I tried my best to provide an even account from what I read. Cheers, Harold. (email: Harold@mcneillifestories.com)

  • Robert Martineau

    February 25, 2022 |

    Its been a long time since any post here, but its worth a shot. My Grandfather was Hazel Wheelers brother Lawrence, and son to Maggie and Adrien. Maggie Martineau (nee Delaney) is my great grandmother. The books and articles to date are based on the white mans viewpoint and the real story as passed down by the Elders in my family is much more nefarious. Some of the white men were providing food for the Indians in exchange for sexual favors performed by the Squaws. Maggie was the product of one of those encounters. Although I am extremely proud of my family and family name, I am ashamed about this part of it.

  • Julue

    January 28, 2022 |

    Good morning Harold!
    Gosh darn it, you are such a good writer. I hope you have been writing a book about your life. It could be turned into a movie.
    Thanks for this edition to your blog.
    I pray that Canadians will keep their cool this weekend and next week in Ottawa. How do you see our PM handling it? He has to do something and quick!
    Xo Julie

  • Herb Craig

    December 14, 2021 |

    As always awesome job Harold. It seems whatever you do in life the end result is always the same professional, accurate, inclusive and entertaining. You have always been a class act and a great fellow policeman to work with. We had some awesome times together my friend. I will always hold you close as a true friend. Keep up the good work. Hope to see you this summer.
    Warm regards
    Herb Craig

  • Harold McNeill

    November 26, 2021 |

    Hi Dorthy, So glad you found those stories and, yes, they hold many fond memories. Thanks to social media and the blog, I’ve been able to get in touch with many friends from back in the day. Cheers, Harold

  • Harold McNeill

    November 26, 2021 |

    Well, well. Pleased to see your name pop up. I’m in regular contact via FB with many ‘kids’ from back in our HS days (Guy, Dawna, Shirley and others). Also, a lot of Cold Lake friends through FB. Cheers, Harold

  • Harold McNeill

    November 26, 2021 |

    Oh, that is many years back and glad you found the story. I don’t have any recall of others in my class other than the Murphy sisters on whose farm my Dad and Mom worked.

  • Harold McNeill

    November 26, 2021 |

    Pleased to hear from you Howie and trust all is going well. As with you, I have a couple of sad stories of times in my police career when I crossed paths with Ross Barrington Elworthy. Just haven’t had the time to write those stories.

  • Howie Siegel

    November 25, 2021 |

    My only fight at Pagliacci’s was a late Sunday night in 1980 (?) He ripped the towel machine off the bathroom wall which brought me running. He came after me, I grabbed a chair and cracked him on the head which split his skull and dropped him. I worried about the police finding him on the floor. I had just arrived from Lasqueti Island and wasn’t convinced the police were my friends. I dragged him out to Broad and Fort and left him on the sidewalk, called the cops. They picked him up and he never saw freedom again (as far as I know). I found out it was Ross Elworthy.