![]() McDonald, who had appointed Wallbridge to the position of Chief Justice) is evidenced by Minister of Justice Alexander Campbell's letter of Apto Prime Minister John A. The meddling of Chief Justice Wallbridge (the local "informant" in Manitoba for Prime Minister John A. (vi) that liability to execution required a strict interpretation of the penal law, that Canada was not part of the Realm within the meaning of the 1351 Statute of Treasons, and if they found no acts occured "in the Realm" all charges must be dismissed. ![]() (v) that the 1351 Statute of Treasons required that treasonous acts of levying war must occur "in the Realm" and that this meant "in England, Wales and adjacent narrow seas" and (iv) that the indictment contained six counts and in the circumstances they should consider and bring in a verdict on each count separately (iii) that the provisions of the British Naturalization Act, 1870 or the Canadian Naturalization Act, 1881 each provided that a person ceased to be a British subject on voluntarily becoming naturalized in a foreign state (ii) the absence of proof, with respect to the first three charges, that Riel was a British subject and hence these charges hadn't been proven (i) the difference between local allegiance and natural allegiance In his charge to the jury, Richardson treated the charges against Riel as one. Seated beside him Justice of the Peace Henry LeJeune, while warming the bench, said absolutely nothing from the beginning to the end of the trial. In response to the lengthy arguments of both defence and Crown counsel relating to the question of jurisdiction, which at times ascended to lofty heights of eloquence, Richardson made a ruling in less than a dozen words without giving reasons. Adobe golive trial trial#Richardson held the lowly post of magistrate but presided over a trial for high treason, categorized by Crown counsel Osler in his very first opening remarks to the jury as "the highest crime known to the law". (iv) in the highly prejudicial remarks he made in his charge to the jury. (iii) by his personal selection of a jury panel made up almost exclusively of persons of Anglo-Saxon extraction and (ii) by his participation at a meeting with police, government and Hudson's Bay Company officials on Mawhich concluded that Riel and his supporters should not be permitted to continue their agitation (i) in his reference to "the evil influence of leading spirits of the Manitoba troubles" (of whom Riel was the chief leading spirit) Blake then cited Richardson's special favours. appointed and paid a salary during the pleasure of the government, and the recipient of other "special favours"(318). Blake stated that the magistrate in the Riel trial was "the political law officer to the Government in the Territories" answerable to the Attorney-General. In the House of Commons, Liberal Leader Edward Blake pointed out Magistrate Richardson's lack of independence. ![]() (a) Magistrate's Bias and Lack of Independence and Acumen However, the following briefly summarizes them. These points are well canvassed in the body of this treatise. To the charges against Riel resulting in his illegal conviction and execution. (e) the illegal application in Canada of the 1351 Statute of Treasons (d) serious deficiencies in defence counsels' representation of Riel and, (c) failure of Riel to be provided wit a "full answer and defence" (to which the law entitled him) to the charges (b) improper judicial and political participation and tampering at the highest level ![]() (a) a presiding magistrate wo was not independent and who was biased and whose magisterial acumen left something to be desired The trial, conviction and execution of Louis Riel for high treason were unjust and unfair from a number of perspectives. Goulet a Metis,Ī lawyer himself, for having the courage and making time to research and writeĪbout such an important segment of Metis history. Welcome to Adobe GoLive 4 The Trial of Louis Rielīelow in whole is Chapter XXIII taken from the above author's book publishedīy TELLWELL PUBLISHING, Calgary, Alberta, 1999. ![]()
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