“In situations such as murder, it is vital to understand we have a legal system, not necessarily a justice system”. This quote from David Kessler and Elisabeth Kübler-Ross is a good way to understand how Indigenous peoples are a part of a continuous cycle of systematic oppression. For years, Indigenous lives have been swept under the radar. Not until the tragic deaths of Tina Fontaine and Colten Boushie has this issue come to light.

Over 1000 Indigenous women and girls have either been reported missing or murdered between 1980 and 2012. That list only continues to grow bigger. In August of 2014, 15-year-old Tina Fontaine from Sagkeeng First Nation in Manitoba was found at the bottom of the Red River wrapped in a duvet blanket, weighed down with rocks.

Raymond Cormier, 56, was acquitted on the charge of second degree murder of Tina Fontaine despite multiple scenarios linking him to the event. Cormier has a history of violent crime. Convictions of various charges of assault, arson, possession of a weapon, and forcible confinement are just a portion of Cormier’s rap sheet.

Not only does Cormier have an extensive record, but he also provided drugs such as gabapentin, marijuana, and cocaine, as well as alcohol, to Tina and her boyfriend Cody Manson, both of which were minors. All the while, Cormier was claiming that his name was not Raymond, but Sebastian.

The public was convinced that Cormier would be found guilty as there were wiretap recordings where he nearly convicted himself from ‘Project Styx’, an undercover operation pursued by police after it became known that Cormier had contact with Tina in her final months. Among these recordings, Cormier can be heard talking about Tina’s death and saying things such as that “[he] drew the line and that’s why she got killed” and that there was a little girl in a “grave someplace screaming at the top of her lungs for [him] to finish the job. And guess what? [He] finished the job”. Cormier also stated to an undercover police officer that there were “three rules to crime: deny, deny, deny.” Cormier also admitted to friends on these recordings that he had sex with Tina and one witness testified that she has seen Cormier grope Tina.

Three people connected to Cormier also told police he owned the same type of duvet cover that was wrapped around Tina’s body and about two weeks prior to Tina being found, witnesses saw her arguing with Cormier and heard Cormier mention “something about a river”.

However, despite everything gathered against Cormier, some of which is not mentioned here, because there was no DNA evidence linking Cormier to Fontaine, he was acquitted.

In the case of Colten Boushie, Gerald Stanley, 56, took it upon himself to be the judge, jury, and executioner in the situation. Colten Boushie was a 22-year-old male from Red Pheasant First Nation in Saskatchewan. On August 9 2016, Colten Boushie died from a gunshot to the head while in a car that had been driven onto Stanley’s farm.

Colten and his peers pulled into Stanley’s farm in search for help with their flat tire. Stanley’s son, Sheldon, testified that they heard an ATV start up and were under the impression that it was being stolen. Much uproar occurred: Boushie and his peers tried to drive away, Sheldon hit the windshield with a hammer, damaging it and obscuring the drivers view. This led to what Stanely believed to be a deliberate surge towards them, an act of violence. Stanley also believed that something had happened to his wife. Gerald Stanley retrieved his gun and testifies that he fired warning shots into the air to discharge the gun. When Stanley reached into the vehicle, that is when the gun went off, shooting Colten Boushie and killing him.

Gerald Stanley was acquitted of not just second degree murder, but of manslaughter as well on the basis that the shooting was the result of a hang fire. An appeal has been denied for the not-guilty verdict.

The system failed Tina and Colten.

Tina Fontaine was under the care of Child and Family Services but was released despite her state. Local authorities such as law enforcement and paramedics found Tina with alcohol in her system and let her go after brining her to a hospital despite knowing she was a minor and reported missing. Justice was put into the hands of an all-white jury in the case of Colten Boushie’s death. Under the mask of peremptory challenges, several Indigenous individuals were rejected as potential jurors.  Colten’s death was deemed the consequence of a hang fire, a rare and unlikely occurrence, freeing Stanley of guilt. The lack of diversity in juries poses a significant problem. During a jury selection, the Crown and defence are allowed to inquire jurors with pre-approved questions to see if there is any potential for bias during the trial. However, how does having an all-white jury for a case of an Indigenous life not pose a bias?

The injustice does not stop there. Cindy Gladue, a 36-year-old Metis woman and mother of three was found dead in a bathtub in June of 2011. Bradley Barton, the man on trial for Cindy’s death was acquitted of both murder and manslaughter despite multiple counts of evidence. The Crown, who is supposed to be arguing on behalf of Gladue, exploited and dehumanized her. Cindy Glaude’s pelvic area and genitals were used as physical evidence in court. Yes, you read that right.  Cindy’s pelvis and genitals were persevered during the autopsy to be brought into court to display as an exhibit of evidence. Instead of just describing the severity of the trauma to Cindy’s organ, it was Dr.Graeme Dowling, the acting chief medical examiner, who expressed the necessity for a physical display of Cindy’s organ. This is also believed to be the first time the practice of bringing actual preserved body tissue has happened in a Canadian courtroom. Why was it decided to be used now? Would they have done so if Cindy was non-Indigenous? If she was not a sex-worker?

Colten, Tina, and Cindy are viewed as at fault for their own fate. Stereotypes of Indigenous peoples surface with talk of Tina just being a mischievous run away or of Colten being intoxicated and violent, but they are unsubstantiated. Cindy is minimized to just an ‘native sex worker’. Justice needs to be served for the loss of Tina Fontaine and Colten Boushie. Justice needs to be served for the countless number of Indigenous lives lost and swept under the rug. Every day, the number of Indigenous lives lost grows and many cases go unsolved or end up like the cases of Colten and Tina. The cycle of systematic oppression and racism needs to change.

By Marie-Rose Domenichini

Please note that opinions expressed are the author’s own. They do not necessarily reflect the views and values of The Blank Page.