Gerald Stanley’s case that involves two charges of improper storage of a firearm was briefly heard in North Battleford Provincial Court Monday and is scheduled to be back in court next month.
The case was adjourned until April 16 as the Crown needs more time before the case goes ahead. Defence lawyer Scott Spencer, who spoke through the phone, and Stanley, the farmer acquitted in the shooting death of Colten Boushie, were not present in court Monday.
Stanley is facing one charge of improper storage of restricted firearms and one charge of improper storage of a restricted firearm. RCMP found the guns during a search of Stanley’s home after Boushie was killed on Stanley’s property.
Stanley is accused of improperly storing seven guns – six non-restricted and one restricted. The non-restricted guns area J Stevens Arms Company Model 520 rifle, .22 calibr semi-automatic rifle, .22 caliber bolt action rifle, Winchester Model 1200 shotgun, Lakefield Mark II .22 caliber rifle and a Winchester Model 1894 rifle, according to court documents. The restricted gun is a Ruger Blackhawk .45 handgun.
The list of gunsdoes not include the Russian- made handgun that was used in the shooting of Boushie.
Members of Boushie’s family held up signs outside of court Monday. Boushie’s uncle Alvin Baptist said his family attends court as part of their fight for justice reform and to address what they say are injustices toward Indigenous people.
“I will continue to fight for justice for all Indigenous people throughout Canada even I have to take it to the United Nations. I will not stop,” Baptiste said.
After the matter was heard Baptiste told reporters outside court the family is calling for equality in the justice system.
“We want to be equal, but we also want peace and harmony,”
A jury acquited Stanley Feb. 9 of second-degree murder in the 2016 shooting death of Boushie after a trial in Battleford Queen’s Bench Court.
Boushie, a 22-year-old Cree man from the Red Pheasant First Nation, was shot in the head with a handgun while he was sitting in the driver’s seat of an SUV that had been driven onto Stanley's property near Biggar, Sask.
It’s not disputed Stanley caused the death, according to the judge who oversaw the trial. The verdict came down to whether or not the jury found Stanley caused the death unlawfully.
Stanley’s lawyer, Scott Spencer, described the shooting as a “freak accident.” He said the shot from Stanley’s gun was a hang fire — a delay between when the trigger is pulled and when the bullet fires.
Earlier this month the head of the Ministry of Justice’s public prosecutions office announced there is no legal basis to appeal the jury’s decision.
Penalties for unsafe storage of a firearm can vary depending if the charge is pursued summarily or as an indictable offence. On the low end, an offender who pleads guilty could receive a discharge, which means they would have no criminal record, or they could receive a fine. On the high end, an offender could receive a two-year sentence if it’s their first offence or five years if it’s not their first offence.
The charges of improper storage of a firearm are scheduled to be heard April 16 in North Battleford Provincial Court.
