'Like waiting for a verdict all over again,' Colten Boushie's uncle says as deadline nears to appeal acquittal

Alvin Baptiste says the days and weeks since Saskatchewan farmer Gerald Stanley was acquitted in the shooting death of 22-year-old Colten Boushie have been difficult.

But as the Monday deadline for the Crown to appeal approaches, Baptiste, Boushie's uncle, is reliving old, terrible feelings. 

"It's almost like waiting for a verdict all over again, to see if we are going to receive justice," Baptiste said. "That's where I am at."

From the moment a jury found Stanley, 56, not guilty last month of second-degree murder, Baptiste and many others have been urging the Saskatchewan government to appeal.

Boushie, 22, was shot and killed on Aug. 9, 2016, on a farm near Biggar, Sask. (The Canadian Press)

It has been a trying time, Baptiste said.

"Are we going to get an appeal? Is there going to be an appeal? It's been pretty hard on the family again." 

As of Wednesday morning, nothing had been filed with the Saskatchewan Court of Appeal.

The Crown can only appeal a verdict based on a perceived error of law — not based on what was or what was not presented as evidence in court. 

On the night of the Feb. 9 verdict in a Battleford court, Crown prosecutor Bill Burge said only that his office will review the case.

"Things will be considered. We'll look at the charge to the jury and we will look at any rulings made," he said. 

He would not commit to an appeal, and so far neither has anyone from the Crown's office. 

Not guilty verdict 

Stanley, the Biggar area-farmer, pleaded not guilty to second-degree murder and was eventually acquitted after a two-week trial in the Court of Queen's Bench. 

Stanley was acquitted last month in the second-degree murder case. (The Canadian Press)

Boushie and a group of young people drove onto Stanley's farm on Aug. 9, 2016. Boushie ended up dead after he was shot in the head. During the trial, Stanley's defence lawyer argued the shooting was a "freak accident."

Baptiste says he wants the 'other side' to come out 

Boushie's uncle sat through every day of the trial. He said that aside from the issues he saw with the RCMP investigation, he wanted more from Crown prosecutors who were trying the case. 

"This trial only heard one side and it was the Stanley side," Baptiste said. "Nothing was submitted on Colten's side. They didn't even talk about Colten's side."

Boushie's family, the Assembly of First Nations and the Union of British Columbia Indian Chiefs have also called for an appeal.

Watchdog looking into RCMP conduct 

In the weeks since that verdict, there have been rallies across the country and Boushie's family has travelled to Ottawa to demand changes to the justice system. 

The Civilian Review and Complaints Commission for the RCMP, which is an agency of the federal government, announced Tuesday it will review how the Battleford detachment dealt with the Boushie investigation.

The commission will investigate the conduct of officers and whether their actions followed RCMP policy, practice and training.

It will also consider whether the conduct of the officers involved amounted to racial discrimination.

The Saskatchewan RCMP said it supports the review process and plans to fully co-operate with the investigation.

"Maintaining public trust and confidence is critical to providing an effective police service," the RCMP said in an emailed statement. "We look forward to the process addressing any uncertainty or outstanding questions regarding our role in this matter." 

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