Case Brief of R. vs. Williams
1. Name and Citation
R. v. Williams, [1998] 1 S.C.R. 1128
2. Type and Level of Case
This case was heard by the British Colombia Court of Appeal on February 24th, 1998 and a decision was made on June 4th, 1998.
3. Facts
The accused, an aboriginal man, pleaded guilty to robbery charge, saying that the robbery was done by someone other than himself. He was elected a trail by judge and jury.
First Trail; questions were asked to jury to assure the jury was unbiased, 12 of 43 potential jurors were dismissed on the risk of bias. This trial was deemed a mistrial because of bias procedural errors. [at para. 3] The defence was that another aboriginal committed the crime, race could have no relevance because the jury was obliged to decided between two aboriginals.
Second Trial; accused challenged jury once again on the cause of “reasonable possibility” for bias against aboriginal peoples. Judge dismissed this challenge saying that there was no way for the bias to influence the decisions of the trail. [at para. 4]
Accused was charged for the robbery and appealed for challenge for cause. [at para. 4]
Court of Appeal: Judge ruled that the evidence of bias was present therefore the appeal was held. [at para. 5]
4. Issues on Appeal
The issue on appeal is whether the accused has reasonable grounds to questions if the jurors posses bias against aboriginal peoples that will have an effect on their decision. [at para. 7] The questions that were asked were; 1. did any jurors have racial bias or prejudice that could affect his/her decisions, 2. if any jurors did have bias or prejudice, were they capable of setting aside them for the purposes of the trial. [at para. 3]
5. Judgement
The British Colombia Court of Appeal, dismissed the appeal from Victor J, who sat with the jury, on the ground that there have been no studies to show that say Aboriginal peoples are more likely to commit robberies than another other racial group [at para. 7] Lamer C.J. and L’Heureux-Dubé, Gonthier, Cory,
R. v. Williams, [1998] 1 S.C.R. 1128
2. Type and Level of Case
This case was heard by the British Colombia Court of Appeal on February 24th, 1998 and a decision was made on June 4th, 1998.
3. Facts
The accused, an aboriginal man, pleaded guilty to robbery charge, saying that the robbery was done by someone other than himself. He was elected a trail by judge and jury.
First Trail; questions were asked to jury to assure the jury was unbiased, 12 of 43 potential jurors were dismissed on the risk of bias. This trial was deemed a mistrial because of bias procedural errors. [at para. 3] The defence was that another aboriginal committed the crime, race could have no relevance because the jury was obliged to decided between two aboriginals.
Second Trial; accused challenged jury once again on the cause of “reasonable possibility” for bias against aboriginal peoples. Judge dismissed this challenge saying that there was no way for the bias to influence the decisions of the trail. [at para. 4]
Accused was charged for the robbery and appealed for challenge for cause. [at para. 4]
Court of Appeal: Judge ruled that the evidence of bias was present therefore the appeal was held. [at para. 5]
4. Issues on Appeal
The issue on appeal is whether the accused has reasonable grounds to questions if the jurors posses bias against aboriginal peoples that will have an effect on their decision. [at para. 7] The questions that were asked were; 1. did any jurors have racial bias or prejudice that could affect his/her decisions, 2. if any jurors did have bias or prejudice, were they capable of setting aside them for the purposes of the trial. [at para. 3]
5. Judgement
The British Colombia Court of Appeal, dismissed the appeal from Victor J, who sat with the jury, on the ground that there have been no studies to show that say Aboriginal peoples are more likely to commit robberies than another other racial group [at para. 7] Lamer C.J. and L’Heureux-Dubé, Gonthier, Cory,