Download PDF - Robson Hall Faculty of Law
Download PDF - Robson Hall Faculty of Law Download PDF - Robson Hall Faculty of Law
10 MANITOBA LAW JOURNAL |VOLUME 35 NUMBER 1 Second, there was strong evidence that Riel was highly delusional at critical points in the uprising but thereafter appeared clear-minded. Today, a person with a history of serious mental illness who commits an apparent crime while operating under visions and delusions that appear irrational to reasonable people will almost undoubtedly escape conviction. He will be sent to a hospital under Part XX.1 of the Criminal Code. He most certainly will not be convicted of treason. Justice according to the letter of the law and understanding of mental illness in 1885, perhaps. Justice according to our modern understanding Probably not. F. Post-Verdict Proceedings In the absence of clear trial error on the record, the Manitoba Court of Queen’s Bench dismissed Riel's appeal. The Judicial Committee of the Privy Council summarily confirmed this decision. It is difficult to fault these decisions on the record as it stood. What is controversial is whether or not the Government of Canada erred in rejecting Riel's plea for clemency. The jury had recommended clemency. The doubts about Riel's mental state cried out for clemency. Yet Riel's petition for clemency was rejected. 41 While considering Riel’s petition, Prime Minister Macdonald was pressured to appoint a medical commission to investigate Riel’s sanity. The Prime Minister agreed to have doctors talk to those who knew Riel, but ordered them to “stop so soon as you are convinced that Riel knows right from wrong and is an accountable being”. 42 Given the Prime Minister’s avowed desire for Riel’s execution, it is perhaps unsurprising that he ignored medical opinion that concluded that Riel showed signs of insanity. 43 What was surprising was the report that the Prime Minister gave to the House of Commons. The doctor’s report was edited to omit any reference to signs of insanity. 44 With the deceptively edited information before it, the Commons rejected clemency and Riel’s execution proceeded. G. Summary Judged from the perspective of 2010, Riel's trial, while minimally legal, suffered from many imperfections. The choice of venue – the Territories – deprived Riel of legal and procedural protections and a trial by peers who understood the language of crucial witnesses. The judge was not a skilled jurist and lacked institutional independence. The charge was unclear and the harshest 41 42 43 44 Bumsted, supra note 12 at 302-304. Thomas Flanagan, Riel and the Rebellion: 1885 Reconsidered, 2nd ed (Toronto, University of Toronto Press, 2000) at 159. Ibid at 160. P Waite, Canada 1874-1896: Arduous Destiny (Toronto: McClelland and Stewart, 1971) at 165.
Louis Riel: Patriot Rebel 11 available. The defence team ignored his wishes. It is not clear that the jury appreciated that a man who could make a cogent argument might nevertheless be delusionally insane. And the government's insistence on death in the face of a jury recommendation for clemency and starkly contrasting medical evidence, while perhaps explicable by the need to preserve peace in the Northwest, seems, in retrospect, perverse. Had Riel been quietly consigned to pass the rest of his days in a mental institution, he would probably not have become a martyr whose cause still tears at us in the twenty-first century. Perhaps that is how Riel, whose goal throughout was nothing more than a trial that would highlight the plight of the Métis people, would have wanted it. III. LOUIS RIEL: THE LEGACY Riel fought against Canada in the name of values that Canada now proudly embraces: respect and accommodation for pluralism. Does this make Riel a rebel A patriot Can he be both Overarching this inquiry is the question of Riel’s significance to modern Canada. Like many Canadians, Louis Riel was a composite. He was Métis, Quebecois, Aboriginal, Catholic, eastern and western. He was all these identities while being Canadian at a time when the nation was still trying to figure out what being Canadian meant. Each part of Riel speaks to different constituencies that we modern Canadians can also share, in terms of language, religion or culture. But sharing an aspect of Riel’s heritage is only the beginning of understanding his significance to us. While he speaks to individual and community identities, his example more broadly embodies the pluralistic nature of Canada. The challenge Riel faced is how to master the complex tasks of integrating and controlling the conflicting demands of his, and Canada’s, many identities. This is ultimately the challenge of our modern, multi-cultural nation and its rule of law. What lessons do Louis Riel’s life and fate teach us Let me suggest two central lessons. The first is the importance of the rule of law and a fair, effective and independent justice system. The second is that we must respond with respect to concerns of Aboriginal peoples – and by extension other minorities – in the spirit of reconciliation. Had Canada observed these precepts in 1885, the Riel uprising and execution would not have occurred. The first problem with that government’s treatment of Riel was the glaring deficiency of rule of law in the territories of the new Canada. There were two aspects in this failure. First, there was no legitimate way for Riel to bring grievances to the attention of the government. The government itself did not lend an ear, and the courts – the last resort for all aggrieved citizens – could not remedy violation of rights by any set standard law because the Charter – now Canada’s ultimate expression of its commitment to freedom and human dignity –
- Page 1 and 2: 2011 Volume 35 Number 1 A Review of
- Page 3 and 4: 2011 Volume 35 Number 1 A Review of
- Page 5 and 6: A New Vision for the Manitoba Law J
- Page 7 and 8: A New Vision for the Manitoba Law J
- Page 9 and 10: Issue Overview and Introduction D A
- Page 11 and 12: K E Y N O T E Louis Riel: Patriot R
- Page 13 and 14: Louis Riel: Patriot Rebel 3 decided
- Page 15 and 16: Louis Riel: Patriot Rebel 5 governm
- Page 17 and 18: Louis Riel: Patriot Rebel 7 All suc
- Page 19: Louis Riel: Patriot Rebel 9 Particu
- Page 23 and 24: Louis Riel: Patriot Rebel 13 Riel
- Page 25 and 26: Au-delà des nombres 15 Par ailleur
- Page 27 and 28: Au-delà des nombres 17 actuelle, u
- Page 29 and 30: Au-delà des nombres 19 À titre d
- Page 31 and 32: Au-delà des nombres 21 En éducati
- Page 33 and 34: Au-delà des nombres 23 une situati
- Page 35 and 36: Au-delà des nombres 25 Le problèm
- Page 37 and 38: Au-delà des nombres 27 francophone
- Page 39 and 40: Au-delà des nombres 29 exogames au
- Page 41 and 42: Au-delà des nombres 31 Cependant,
- Page 43 and 44: Au-delà des nombres 33 « 12. […
- Page 45 and 46: Au-delà des nombres 35 l’identit
- Page 47 and 48: Au-delà des nombres 37 œuvre. Ne
- Page 49 and 50: Au-delà des nombres 39 « Règleme
- Page 51 and 52: Au-delà des nombres 41 D’ailleur
- Page 53 and 54: Au-delà des nombres 43 Dans le deu
- Page 55 and 56: Au-delà des nombres 45 projet de l
- Page 57 and 58: Au-delà des nombres 47 qu’adapte
- Page 59 and 60: Unsettled Estates: Manitoba’s For
- Page 61 and 62: Unsettled Estates 51 The parties’
- Page 63 and 64: Unsettled Estates 53 Lands Act. Thi
- Page 65 and 66: Unsettled Estates 55 on tenants for
- Page 67 and 68: Unsettled Estates 57 V. THE SETTLED
- Page 69 and 70: Unsettled Estates 59 fixed official
Louis Riel: Patriot Rebel 11<br />
available. The defence team ignored his wishes. It is not clear that the jury<br />
appreciated that a man who could make a cogent argument might nevertheless be<br />
delusionally insane. And the government's insistence on death in the face <strong>of</strong> a jury<br />
recommendation for clemency and starkly contrasting medical evidence, while<br />
perhaps explicable by the need to preserve peace in the Northwest, seems, in<br />
retrospect, perverse.<br />
Had Riel been quietly consigned to pass the rest <strong>of</strong> his days in a mental<br />
institution, he would probably not have become a martyr whose cause still tears at<br />
us in the twenty-first century. Perhaps that is how Riel, whose goal throughout<br />
was nothing more than a trial that would highlight the plight <strong>of</strong> the Métis people,<br />
would have wanted it.<br />
III.<br />
LOUIS RIEL: THE LEGACY<br />
Riel fought against Canada in the name <strong>of</strong> values that Canada now proudly<br />
embraces: respect and accommodation for pluralism. Does this make Riel a rebel<br />
A patriot Can he be both Overarching this inquiry is the question <strong>of</strong> Riel’s<br />
significance to modern Canada. Like many Canadians, Louis Riel was a<br />
composite. He was Métis, Quebecois, Aboriginal, Catholic, eastern and western.<br />
He was all these identities while being Canadian at a time when the nation was<br />
still trying to figure out what being Canadian meant.<br />
Each part <strong>of</strong> Riel speaks to different constituencies that we modern<br />
Canadians can also share, in terms <strong>of</strong> language, religion or culture. But sharing an<br />
aspect <strong>of</strong> Riel’s heritage is only the beginning <strong>of</strong> understanding his significance to<br />
us. While he speaks to individual and community identities, his example more<br />
broadly embodies the pluralistic nature <strong>of</strong> Canada. The challenge Riel faced is<br />
how to master the complex tasks <strong>of</strong> integrating and controlling the conflicting<br />
demands <strong>of</strong> his, and Canada’s, many identities. This is ultimately the challenge <strong>of</strong><br />
our modern, multi-cultural nation and its rule <strong>of</strong> law.<br />
What lessons do Louis Riel’s life and fate teach us Let me suggest two central<br />
lessons. The first is the importance <strong>of</strong> the rule <strong>of</strong> law and a fair, effective and<br />
independent justice system. The second is that we must respond with respect to<br />
concerns <strong>of</strong> Aboriginal peoples – and by extension other minorities – in the spirit<br />
<strong>of</strong> reconciliation. Had Canada observed these precepts in 1885, the Riel uprising<br />
and execution would not have occurred.<br />
The first problem with that government’s treatment <strong>of</strong> Riel was the glaring<br />
deficiency <strong>of</strong> rule <strong>of</strong> law in the territories <strong>of</strong> the new Canada. There were two<br />
aspects in this failure. First, there was no legitimate way for Riel to bring<br />
grievances to the attention <strong>of</strong> the government. The government itself did not lend<br />
an ear, and the courts – the last resort for all aggrieved citizens – could not<br />
remedy violation <strong>of</strong> rights by any set standard law because the Charter – now<br />
Canada’s ultimate expression <strong>of</strong> its commitment to freedom and human dignity –