The Trial of Louis Riel is arguably the most famous trial

Jury trial

A jury trial is a legal proceeding in which a jury either makes a decision or makes findings of fact which are then applied by a judge...

 in the history of Canada

History of Canada

The history of Canada covers the period from the arrival of Paleo-Indians thousands of years ago to the present day. Canada has been inhabited for millennia by distinctive groups of Aboriginal peoples, among whom evolved trade networks, spiritual beliefs, and social hierarchies...

. In 1885, Louis Riel

Louis Riel

Louis David Riel was a Canadian politician, a founder of the province of Manitoba, and a political and spiritual leader of the Métis people of the Canadian prairies. He led two resistance movements against the Canadian government and its first post-Confederation Prime Minister, Sir John A....

 had been a leader of a resistance movement by the Métis

Métis people (Canada)

The Métis are one of the Aboriginal peoples in Canada who trace their descent to mixed First Nations parentage. The term was historically a catch-all describing the offspring of any such union, but within generations the culture syncretised into what is today a distinct aboriginal group, with...

 and First Nations

First Nations

First Nations is a term that collectively refers to various Aboriginal peoples in Canada who are neither Inuit nor Métis. There are currently over 630 recognised First Nations governments or bands spread across Canada, roughly half of which are in the provinces of Ontario and British Columbia. The...

 people of western Canada

Western Canada

Western Canada, also referred to as the Western provinces and commonly as the West, is a region of Canada that includes the four provinces west of the province of Ontario.- Provinces :...

 against the Canadian government in what is now the modern province

Provinces and territories of Canada

The provinces and territories of Canada combine to make up the world's second-largest country by area. There are ten provinces and three territories...

 of Saskatchewan

Saskatchewan

Saskatchewan is a prairie province in Canada, which has an area of . Saskatchewan is bordered on the west by Alberta, on the north by the Northwest Territories, on the east by Manitoba, and on the south by the U.S. states of Montana and North Dakota....

. Known as the North-West Rebellion

North-West Rebellion

The North-West Rebellion of 1885 was a brief and unsuccessful uprising by the Métis people of the District of Saskatchewan under Louis Riel against the Dominion of Canada...

, this resistance was suppressed by the Canadian military, which led to Riel's surrender and trial for treason

Treason

In law, treason is the crime that covers some of the more extreme acts against one's sovereign or nation. Historically, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife. Treason against the king was known as high treason and treason against a...

. The trial, which took place in July 1885 and lasted only five days, resulted in a guilty verdict. He was also given a choice to plead guilty or insanity

Mental disorder defence

In the criminal laws of Australia and Canada, the defence of mental disorder is a legal defence by excuse, by which a defendant may argue they should not be held criminally liable for breaking the law because they were mentally ill at the time of the alleged criminal actions.These are a statutory...

. Riel was subsequently executed by hanging

Hanging

Hanging is the lethal suspension of a person by a ligature. The Oxford English Dictionary states that hanging in this sense is "specifically to put to death by suspension by the neck", though it formerly also referred to crucifixion and death by impalement in which the body would remain...

, an outcome which has had a lasting impact on relations between the Francophone and Anglophone Canadians.

Trial

Riel was indicted

Indictment

An indictment , in the common-law legal system, is a formal accusation that a person has committed a crime. In jurisdictions that maintain the concept of felonies, the serious criminal offence is a felony; jurisdictions that lack the concept of felonies often use that of an indictable offence—an...

 by Judge Hugh Richardson on six counts of treason on July 20. Riel's counsel immediately challenged the court's jurisdiction, but these motions were denied. Riel then plea

Plea

In legal terms, a plea is simply an answer to a claim made by someone in a civil or criminal case under common law using the adversary system. Colloquially, a plea has come to mean the assertion by a criminal defendant at arraignment, or otherwise in response to a criminal charge, whether that...

ded not guilty to all charges. Riel's lawyers argued for a delay for the defence to obtain witnesses. It was granted and the trial began on July 28, 1885. Of the 36 people receiving jury duty summons, only one spoke French – and he was unable to attend. Moreover, the only Roman Catholic (an Irishman) in the jury pool was challenged by the prosecution for not being of British stock and excluded. In the event, Riel was tried before a jury of six composed entirely of English

England

England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...

 and Scottish

Scotland

Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...

 Protestants, all from the area immediately surrounding Regina

Regina, Saskatchewan

Regina is the capital city of the Canadian province of Saskatchewan. The city is the second-largest in the province and a cultural and commercial centre for southern Saskatchewan. It is governed by Regina City Council. Regina is the cathedral city of the Roman Catholic and Romanian Orthodox...

. The jurors were Francis Cosgrove - foreman - Whitewood

Whitewood, Saskatchewan

Whitewood is a town in the Canadian province of Saskatchewan. It is located approximately east of Regina on the Trans-Canada Highway Sk Hwy 1. It is situated at the crossroads of two major highways systems – the Trans-Canada, which runs east and west, and Sk Hwy 9, which runs north and south from...

, Edwin J. Brooks of Indian Head

Indian Head, Saskatchewan

Indian Head is a town in southeast Saskatchewan, Canada, east of Regina. The town is directly north of the Trans-Canada Highway. The town is known for its federally-operated Prairie Farm Rehabilitation Administration experimental farm and tree nursery that produces seedlings for shelter...

, Henry J. Painter of Broadview

Broadview, Saskatchewan

Broadview is a community in Saskatchewan along the #1 highway, the Trans Canada Highway, east of the provincial capital city of Regina. The local economy is based mainly on agriculture.-History:...

, Walter Merryfield of Whitewood, Peel Deane of Broadview and Edwin Eratt of Moose Jaw.

Crown counsel

Crown attorney

Crown Attorneys or Crown Counsel are the prosecutors in the legal system of Canada.Crown Attorneys represent the Crown and act as prosecutor in proceedings under the Criminal Code of Canada...

 comprised some of the most accomplished lawyers in Canada: Christopher Robinson, Britton Bath Osler

Britton Bath Osler

Britton Bath Osler was a Canadian lawyer and prosecutor.The older of three famous brothers , he was born in Bond Head, Canada West. His father, Featherstone Lake Osler , the son of a shipowner at Falmouth, Cornwall, was a former Lieutenant in the Royal Navy and served on H.M.S...

, George Burbidge

George Burbidge

George Wheelock Burbidge was a Canadian lawyer, judge and author. After being admitted to the New Brunswick Bar in 1872, he became a partner in a Saint John, New Brunswick law firm. He is noted for having conducted the prosecution of Louis Riel during his trial for treason following the North-West...

, David Lynch Scott

David Lynch Scott

David Lynch Scott was a Canadian militia officer, lawyer, and judge. He served as mayor of Orangeville, Ontario from 1878 to 1880 and mayor of Regina, Saskatchewan from 1884 to 1885.-Early life:...

, and Thomas Chase-Casgrain

Thomas Chase-Casgrain

Thomas Chase-Casgrain, PC , also known as Thomas Casgrain, was a French Canadian lawyer and politician. As a young attorney he became famous for his participation in the prosecution of Louis Riel....

. Chase-Casgrain was the lone French-Canadian in the prosecution. They called nine witnesses for the prosecution, General Frederick Middleton, Dr. John Willoughby, Thomas McKay, George Ness, George Kerr, John W. Astley, Thomas E. Jackson, Dr. A. Jukes, and Riel's cousin Charles Nolin

Charles Nolin

Charles Nolin was a Métis farmer and political organiser noted for his role in the opposition of the North-West Rebellion of 1885...

. The cross-examination of the defence attempted to prove his mental instability and render a not guilty plea by reason of insanity, but to little success.

The defence was led by Charles Fitzpatrick

Charles Fitzpatrick

Sir Charles Fitzpatrick, PC, GCMG was a Canadian lawyer and politician. He was born in Quebec City, Canada East, to John Fitzpatrick and Mary Connolly....

, a notable lawyer from Quebec who subsequently became Chief Justice of Canada

Chief Justice of Canada

The Chief Justice of Canada, like the eight puisne Justices of the Supreme Court of Canada, is appointed by the Governor-in-Council . All nine are chosen from either sitting judges or barristers who have at least ten years' standing at the bar of a province or territory...

. The defence had their turn on July 30. They produced five witnesses, Dr. François Roy of the Beauport Asylum, Dr. Daniel Clark of Toronto Lunatic Asylum, Riel's secretary for a short time, Phillipe Garnot and priests Alexis André

Alexis André

Father Alexis André was a missionary Roman Catholic priest active in Western Canada.André was born in Kergompez, France. He was ordained a priest on July 14, 1861 and was immediately sent as a missionary to the Red River Colony and the Dakota Territory...

 and Vital Fourmond, all who gave evidence of Riel's insanity, but were far from sympathetic or supportive. The defence's case only lasted one day.

Riel delivered two lengthy speeches during his trial, defending his own actions and affirming the rights of the Métis people.
He rejected his lawyer's attempt to argue that he was not guilty by reason of insanity

Mental disorder defence

In the criminal laws of Australia and Canada, the defence of mental disorder is a legal defence by excuse, by which a defendant may argue they should not be held criminally liable for breaking the law because they were mentally ill at the time of the alleged criminal actions.These are a statutory...

, asserting,

"Life, without the dignity of an intelligent being, is not worth having."

Riel defended his use of religious themes, but insisted that all his political actions were aimed at practical results. He denounced the Federal Government for its complete lack of regard for the peoples and interests of the West. "Although the Province of Ontario

Ontario

Ontario is a province of Canada, located in east-central Canada. It is Canada's most populous province and second largest in total area. It is home to the nation's most populous city, Toronto, and the nation's capital, Ottawa....

 is great", he said, "it is not as great as the North-West."

Nonetheless, Riel barely maintained his decorum and proclaimed that he hoped to be one day recognized as a force of good for the whole country. He said:

"I am glad that the Crown has proved that I am the leader of the Metis

Métis people (Canada)

The Métis are one of the Aboriginal peoples in Canada who trace their descent to mixed First Nations parentage. The term was historically a catch-all describing the offspring of any such union, but within generations the culture syncretised into what is today a distinct aboriginal group, with...

 in the NorthWest. I will perhaps be one day acknowledged as more than a leader of the Metis, and if so I hope I will also have the opportunity to be acknowledged as a leader of good in this great country."

On July 31, after only half an hour of deliberation, the jury found him guilty of treason but recommended mercy. Nonetheless, Judge Hugh Richardson sentenced him to death, with the date of his execution set for September 18, 1885. Fifty years later one of the jurors, Edwin Brooks, said that Riel was tried for treason but hanged for the murder of Thomas Scott

Thomas Scott (Orangeman)

Thomas Scott was an Irish-born Canadian executed by firing squad on March 4, 1870, for plotting against the Provisional Government of the Red River Settlement and its Legislative Assembly of Assiniboia...

.

Legal Appeals

The defence appealed the conviction. The first appeal lay to the Court of Queen's Bench for Manitoba (at that time the appellate court for the North-West Territories), which denied the appeal. The defence appealed further, to the Judicial Committee of the Privy Council

Judicial Committee of the Privy Council

The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United...

 in Britain (at that time the highest court of appeal for the British Empire). The Judicial Committee also denied the appeal.

Political Appeals

There were also numerous political appeals to the federal government for clemency. Prime Minister Macdonald

John A. Macdonald

Sir John Alexander Macdonald, GCB, KCMG, PC, PC , QC was the first Prime Minister of Canada. The dominant figure of Canadian Confederation, his political career spanned almost half a century...

 was flooded with letters and petitions from sympathetic Québécois

French-speaking Quebecer

French-speaking Quebecers are francophone residents of the Canadian province of Quebec....

, who saw in Riel the French Catholic minority being oppressed by English Protestants. Macdonald refused to intervene to commute the sentence because of political pressure, and stated that the Riel would hang "...though every dog in Quebec shall bark."

Criticism of the Trial

According to critics, the outcome of the trial was due to the underhanded conduct of the government and to the obvious rift between the lawyers and the accused. Throughout the trial Riel's lawyers ignored his advice and refused his requests (including the request to cross-examine

Cross-examination

In law, cross-examination is the interrogation of a witness called by one's opponent. It is preceded by direct examination and may be followed by a redirect .- Variations by Jurisdiction :In...

 the witnesses himself), and they threatened to abandon him halfway through the procedure. Riel insisted that had the witnesses been properly cross-examined, it would have been established that his men had been attacked first. "Happily they were when they appeared and showed their teeth to devour," he said. "All I was ready. That is what is called my crime of high treason

High treason

High treason is criminal disloyalty to one's government. Participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplomats, or its secret services for a hostile and foreign power, or attempting to kill its head of state are perhaps...

, and for which they hold me to-day."

Legacy

In the spring of 2008, Tourism, Parks, Culture and Sport Minister Christine Tell

Christine Tell

Christine Tell is a Canadian politician. She was elected to represent the electoral district of Regina Wascana Plains in the Legislative Assembly of Saskatchewan in the 2007 election...

 proclaimed in Duck Lake

Duck Lake

-United States:* Duck Lake , a lake in John Muir Wilderness, California* Duck Lake , a lake in Illinois* Duck Lake , a lake in Blue Earth County, Minnesota* Duck Lake , a lake in Allamakee County, Iowa...

, that "the 125th commemoration, in 2010, of the 1885 Northwest Resistance

North-West Rebellion

The North-West Rebellion of 1885 was a brief and unsuccessful uprising by the Métis people of the District of Saskatchewan under Louis Riel against the Dominion of Canada...

 is an excellent opportunity to tell the story of the prairie Métis

Métis people (Canada)

The Métis are one of the Aboriginal peoples in Canada who trace their descent to mixed First Nations parentage. The term was historically a catch-all describing the offspring of any such union, but within generations the culture syncretised into what is today a distinct aboriginal group, with...

 and First Nations

First Nations

First Nations is a term that collectively refers to various Aboriginal peoples in Canada who are neither Inuit nor Métis. There are currently over 630 recognised First Nations governments or bands spread across Canada, roughly half of which are in the provinces of Ontario and British Columbia. The...

peoples' struggle with Government forces and how it has shaped Canada today."