The RCMP presence outside North Battleford Provincial court on Monday. Photo by Chelsea Laskowski.
The last few minutes of Colten Boushie’s life are being analyzed at a preliminary hearing that started Monday morning in North Battleford.
There was a heavy police presence and a number of road blocks outside the Provincial Court where Gerald Stanley is scheduled to be in court all week.
Boushie family lawyer Chris Murphy said in his thousands of court appearances as a former prosecutor and criminal lawyer, he has never seen such a strong police presence at court.
“The family members are here in a peaceful way to just engage the process so I don’t know what the security’s for. There might be information that they’re acting on that they don’t know about but all I can say on behalf of the family and what I have seen and heard they are here to watch,” he said.
Murphy said his role is to assist the family in understanding the legal process and to alert the police and Crown prosecutor to any gaps he notices in evidence.
During the court’s lunch break, a number of Boushie’s family members were seen standing outside in North Battleford holding signs with phrases like “murder is murder” and “Colten Boushie, taken from us too soon” written on them. Because Murphy spoke to media prior to those events, he did not specifically address the demonstration.
The start of the hearing was emotional for Boushie’s family, who were the centre of attention for the large media contingency covering the proceedings. For now, the evidence presented will remain within the courtroom’s walls, because preliminary hearings are banned from publication.
Certain items presented so far have caused a stir in court. At different times, Boushie’s family members rubbed each other’s backs or left sobbing from the main courtroom, as well as an overflow room where they’re watching by video.
Stanley has been sitting next to his lawyer at a table in court, wearing a button-up shirt. In the morning, the Biggar-area farmer switched positions frequently as different preliminary evidence was presented, going from crossing his arms to resting his elbows on the table, to leaning back in his chair.
Outside of court, Boushie’s uncle Alvin Baptiste said he woke up early to smudge and pray for many things, including “support and guidance from the creator” and healing.
Red Pheasant man Lester Nicotine’s outfit made him stand out in court. He wore a medallion representing Red Pheasant, held feathers “for spirit and guidance,” and wore a jacket passed down from his grandfather – a former chief who “was a leader there and helped the people with the court systems and the treaties.”
He said he came as support for the victim’s family.
“This doesn’t happen overnight, the grieving. But we want justice, you know, the system has never been in our favour,” Nicotine said.
Murphy spoke further to what Boushie’s family is feeling this week.
“At the end of the day, what the family has always wanted is to make sure the truth comes out in court of what actually happened on August 9, 2016 in the farmyard.,” Murphy said.
“It’s kind of two sides of a coin. It’s Mr. Stanley’s fair trial rights but also the public interest in arriving at the truth and that’s all they want at the end of the day is that a jury can decide what the truth was.”
Stanley’s lawyer Scott Spencer said he appreciates the respect the Boushie family showing for the process.
“That’s a responsible way to look at it. Certainly there’s been statements made previously about people reaching conclusions – social media, regular media – that concern me. So it’s good to see the family saying ‘yeah we just want to get to the truth,’” Spencer said.
He added that his client recognizes Boushie’s death as a tragedy.
“You hear the family in the courtroom suffering, and that’s tough on everybody,” he said.
The preliminary hearing is meant to determine whether or not there is enough evidence to proceed to trial. All evidence heard this week is subject to a publication ban in order to keep potential future jurors from hearing evidence that isn’t presented at trial.
Preliminary hearings are meant to determine whether there is enough evidence to proceed to trial. Stanley previously entered not guilty pleas to second-degree murder.
The hearing adjourned Monday afternoon, with plans to resume on Tuesday morning.