Posts Tagged ‘R vs Stanley’

R. vs. Stanley: Saskatchewan Court of Queens Bench

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


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

  • Harold McNeill

    April 14, 2020 |

    Hi Rick,
    Great to hear from you and trust all is going well. Our family members are all doing well but it must be pretty tough for a lot of people. I had once heard you were going to do some writing but never heard anything further. I would be most interested, but do you think the OB News have archives back to that time. Any link or information you could provide would be greatly appreciated. Did you keep copies? Regards, Harold

  • Rick Gonder

    April 14, 2020 |

    Hi Harold
    About 22 years ago I spent several weeks going through the OBPD archives. I wrote several stories that were published in the OB News. Feel free to use if they are of value to what you are doing.
    Keep this up, I’m enjoying it and it brings back memories.

  • Harold McNeill

    April 12, 2020 |

    Hi Susan,

    Glad you had a chance to read. I decided to update these stories by proofreading as there were several grammatical errors in many. Hopefully, many of those glaring errors have been removed.

    Many of the stories carry a considerable amount of social comment regarding the way the criminal justice system is selectively applied. Next up involves a young woman from near Cold Lake, Alberta, who was abducted by an older male from Edmonton. Her story is the story of hundreds of young men and woman who have found themselves alone and without help when being prayed upon unscrupulous predators.

    Cheers, Harold

  • Susan

    April 8, 2020 |

    Great read, Harold!…and really not surprising, sad as that may sound.
    Keep the stories coming, it is fascinating to hear them.
    Love from us out here in the “sticks”, and stay safe from this unknown predator called Covid.

  • Harold McNeill

    February 17, 2020 |

    Update:  Times Colonist, February 16, 2020, articles by Louise Dickson, She got her gun back, then she killed herself,” and,  Mounties decision to return gun to PTSD victim haunts her brother. 

    Summary: I don’t know how many read the above articles, but they contained the tragic details about young woman, Krista Carle’, who took her own life after suffering for years with PTSD. While tragedies such as this play out across Canada every week, the reason this story resonates so profoundly is that the final, tragic, conclusion took place here in Victoria. Continued in the article.

  • McNeill Life Stories Index to Police Notebook - McNeill Life Stories

    February 16, 2020 |

    […] Part I, Police solidarity and the push for amalgamation. Part II, Comparing police cultures and implementing change Part III, The past as a guide to the future Part IV The integration of police services […]

  • Harold McNeill

    February 15, 2020 |

    Testing the comments section after changes made. Updated: February 10, 2020

    Further to the update below (February 1, 2020), I note that since the government announced a “No-Fault” insurance plan for BC, Robert Mulligan is taking a slightly different tack, suggesting that no-fault will only increase the problems by taking away the right of an injured party to sue.

    I’ve copied just one sentence from Mulligan’s longer discussion, “And I think people don’t like the idea that somebody who’s, for example, was drunk and ran into you and you become a quadriplegic is going to be treated exactly the same way you would in terms of getting benefits (go to minute 00:15:26 to see his full comment)

    Statements like this appear to be simple fear-mongering. As was the case in the past, people who commit criminal offences, as well as other forms of negligence while driving, may well lose their insurance coverage and in all likelihood would be sued by ICBC to recover costs of the claim. (Link here to Mulligan’s full conversation on CFAX radio)

  • McNeill Life Stories Index to Police Notebook - McNeill Life Stories

    January 5, 2020 |

    […] 28. The past as a guide to the future (Part III): Over the past 60 years, many activities the police once performed as a natural part of their daily duty, eventually became incompatible with achieving their basic goals. What happened? (August 2019) […]

  • McNeill Life Stories Why I stand with science? - McNeill Life Stories

    November 11, 2019 |

    […] During the Ice Age, the Earth’s average temperature was about 12 degrees Fahrenheit colder than it is today. That was enough to keep snow from melting during the summers in northern regions. As snow fell on the snow, glaciers formed. (NASA Earth Observatory) […]

  • McNeill Life Stories How to Game an Election - McNeill Life Stories

    September 18, 2019 |

    […] The Federal Conservatives and Seymour Riding Association complied but one day later those memes will be shared by every third party social media site and by thousands of supporters where the message will be taken as a statements of the fact.  Five years from now those memes will still be circulating. (Link here to background on the SNC Lavalin matter) […]