A Regina court of Queen’s bench justice has reserved her decision on the fairness of the jury system for Aboriginal defendants.
Prominent Regina defense lawyer, Bob Hrycan, is asking the judge to stay serious assault charges against Stony Lee Cyr because his right to a mixed jury has been violated.
Hrycan claims, Cyr, has a treaty and a constitutional right to be tried by a jury consisting of some aboriginal members.
Prosecutors argue the system is race neutral and is fair.
Evidence at the hearing included a justice department survey done in 2003.
It found aboriginal people are reluctant to sit on juries because of a mistrust of the system, fear of a backlash from their local community as well as difficulty getting transportation and child care.
No date has been set for a decision.