Lack of potential Aboriginal jurors leads to murder trial delay

Citing a lack of Aboriginal representation, a judge indefinitely delayed a second-degree murder trial Monday.

Andre Wareham, 32, appeared at the Superior Court of Justice in Thunder Bay Monday morning for the jury selection of his trial. Police charged Wareham with second-degree murder in connection to the death of 29-year-old William Atkins.

In January of 2009 Thunder Bay Police Service officers said a fight broke out at a Finlayson Street apartment around 5:30 p.m. Atkins received several stab wounds and later died at the Thunder Bay Regional Health Sciences Centre.

More than 100 potential jurors packed the courtroom on Camelot Street following a roll call. But the proceedings were delayed after Justice Helen Pierce called for a lengthy recess. 

Judge Pierce told those in attendance that she needed time to discuss an issue with council.

Upon returning a few hours later, Pierce dismissed the potential jurors. She said there was a lack of Aboriginal representation, which did not accurately reflect the community.
Wareham’s lawyer, Steven Hinkson agreed with Pierce and added that he didn’t know when the trial would resume.

"From the evidence that we’ve heard, the reserves are not properly represented," Hinkson said. "It is something that Thunder Bay has to deal with, not just with this case but also cases that are coming down the road."

Wareham is not an Aboriginal man, but his trial has faced a few delays already. A defence attorneys’ Legal Aid boycott was responsible for some of those previous delays.
Hinkson said the disruptions have taken its toll on Wareham.

"It’s obviously hard for Mr. Wareham," he said. "It is a difficult time for him and he’s ready to go."