Diggstown (2019–…): Season 2, Episode 2 - Cheryl Battiste - full transcript
You too.
[chuckles]
Oh my god, yeah,
we really did it. - Yeah.
Are we going to do
the smudging again?
♪ White hands off our lands.
♪ White hands off our lands
♪ White hands-
[man ululating]
Not woke, dude.
Seriously?
Oh come on, go back
to the Reserve.
'Cuz I'm from right here, buddy.
Brent:
Okay, keep walking Pocahontas.
You actually, uh,
well you look better from
the back anyway, wow.
What pasty-ass
European potato patch
did your ancestors crawl out of?
Bitch, you don't know
anything about my ancestors.
I know a racist piece
of shit when I see one.
Let's go! Let's go.
I think you're gonna apologize.
I think you can kiss my ass.
Brent: What did you say to me?
Hey, hey, don't touch her!
[grunting]
Apologize, okay?
Morningstar: Stop, stop, stop!
Brent:
Maybe get on your knees
and I'll forgive you.
[chuckling]
Dude! Brent.
[groaning]
Morningstar: Let me go!
Down here, okay.
Come on, down here.
Let me go! - Come on.
Morningstar: Let me go!
[chuckling] [dramatic music]
Brent: Dillon.
[sputtering]
Brent: Dillon?
[dramatic music]
[gasping] [sputtering]
Brent: Dillon!
[sputtering]
Brent: Dillon!
[intense instrumental]
Brent: Dillon!
[sputtering]
[intense instrumental]
Brent: Dillon?
[gasping] [sputtering]
Brent: [echoing] No!
Marcie:
These are the prospective
jurors for Cheryl's trial.
Iris:
And what are we
looking for exactly?
Marcie: Anything you can glean
from name, address
or occupation.
Are they rich, poor,
conservative, liberal?
Marcie:
Are they likely to have
a relative in the system?
Or be a person of colour,
please God.
Are we still meeting
tonight by the way?
Pam: Yeah, for sure.
Conner's great.
Doug:
MacDonald, MacDougal,
MacDonnell,
Not exactly colourful names.
This feels dangerously
close to research.
Marcie: Hey, hey,
this is just some casual banter
with my colleagues
about the array.
Now get to work, read.
I do enjoy our collegial banter.
Pam: Seriously,
there's like no names
from Preston on here.
Nothing from the
Wallace Hills Reserve
area either.
Marcie:
My client's sitting
untried in jail
for the last 18 months,
and now they're
gonna whitewash
the jury pool?
You know, you should
get Doug to help.
I thought I was helping?
Colleen: No, I mean,
be there with Marcie during
the selection process.
Doug:
What, so I can be the
Indigenous Whisperer?
Marcie: Doug,
I actually could
use your help on
this one.
I mean, Reid said
she's gonna add a
hate crime charge
on top of the murder charge.
Doug: Hate crime?
She's gonna say your
client killed Dillon
'cause he was white?
As opposed to about
to rape her friend?
She's just running the plays.
Colleen:
I saw Dillon profiled
on the news last night.
Spotless military record,
high school hockey hero.
You'd think he was a
candidate for sainthood.
Marcie: Meanwhile my client's
a scholarship student.
She's a community activist.
Doug: They're gonna turn
that social activism
against her.
Say she's an angry Indian.
Not if I can find
the right jury.
A diverse jury will
see right through
all that stereotyping crap.
I'll swing by this afternoon.
You're the man.
[sombre piano instrumental]
♪
So, jury selection starts today.
Once a jury is chosen then-
Cheryl:
The deal's off the table.
I know.
Marcie: It's a good one, Cheryl.
I know five years is a lot,
but now we have this hate
crime charge to contend with,
which could add as much as
12 years to your sentence.
You take the deal,
that goes away.
Even without the hate crime,
it's a gamble.
We could end up with
an unsympathetic judge.
And then we have the jury.
The white jury.
There's a good chance the
jury could be all-white, yes.
I'm saying,
the odds aren't in your
favour if we go to trial.
I mean, this-this deal
is the safer bet.
But the jury can't order
me to make an apology.
Is it really that
big a price to pay
if it keeps you out of
federal prison for a decade?
I'm not doing it.
The Crown's not gonna
take the apology
off the table, Cheryl,
I mean, they're saying it's
important to the family.
If an apology's
part of the deal,
then I'm not taking the deal.
End of story.
[dramatic instrumental]
Well then,
we'll just have to find you
one hell of a solid jury.
Why don't we get started?
I think we should wait for Pam.
I mean, what's the
point of doing this
without the lawyer here?
Well, as your social worker,
I do need to ask-
I don't wanna have
to repeat myself.
This whole process is
tedious enough as it is.
Victor: Here's a thought,
maybe you could,
I don't know,
go look for her?
[sighing]
[soft dramatic music]
[water trickling]
[door clicking open]
Iris: Hey. - Hey!
Everything okay?
'Cause Victor is getting a
little bit antsy out there.
Oh, shoot.
Ah, you know what?
I double booked.
Um, could you ask
Reggie to take Victor?
And tell him I'll owe him huge.
Iris: Sure.
Okay, um, I'll go ask him now.
- Okay.
Thank you, and I'm
sorry about this Iris.
I know we were gonna
work together.
Yeah, no problem.
[tense dramatic music]
So we're doing this, are we?
Marcie: Like I said,
the apology's a non-starter.
The hate crime
charge didn't
move the needle?
[chuckling]
You know you'll never
make that stick.
Louise: Yeah, okay.
Still haven't seen a copy
of the indictment, by the way.
It should be on your table.
Hmm, thanks a bunch.
You ready for this?
Do I have to do anything?
No.
The idea is
that you have a
right to witness
the process,
so you can see
that the selection
is done fairly.
Will I see that?
That's the hope.
[soft dramatic music]
Damn.
What's wrong?
The banner.
Clerk:
The Crown charges
that the defendant,
Cheryl Battiste,
did unlawfully kill
Dillon Lovett.
And did thereby
commit manslaughter,
contrary to
Section 234 of the
Criminal Code.
Further,
Miss Battiste
did unlawfully
incite hatred
in a public place
by communicating written
statements on a banner,
to wit:
"Filthy white hands,
off Indigenous lands",
Contrary to Section 319
of the Criminal Code.
Thank you, Susan.
Well, folks,
now we know why we're all here.
Marcie: Your Honour,
once again,
I find the reading out of the
indictment at this stage,
highly prejudicial
toward my client.
Judge Reynolds:
Yes, I heard you the
first time, Ms. Diggs.
That's why it's been
made clear to the panel
that these are only allegations.
But ultimately I
agree with Miss Reid
that it's important for
the jury to have a grasp
of the charges from the onset.
Marcie:
Well, I just need to
reiterate that this is-
And you have, Miss Diggs.
A few times now.
Can we move on?
Now folks,
I have a little
spiel I like to give
before we kick things off.
Jury duty can be a hardship,
but it's an obligation
of citizenship
and one of the more exciting
ways the average citizen
can participate
in our democracy.
That said-
Your Honour?
[clears throat]
Yes, Miss Diggs?
I want to challenge the array.
Get outta here!
What, move!
[children shrieking]
Victor:
The next time you come
around with a basketball
I'm gonna stick it where
the sun don't shine!
You hear me?
You little monkeys! Go on!
You too.
[Victor scoffing]
Victor:
I didn't mean
monkeys that way.
I meant,
"you mischievous children",
kinda monkeys.
And what about, uh,
"I'll stick the basketball
where the sun don't shine?"
Well that I meant
as it sounded, yes.
Obviously, I'm not
gonna do that.
I was just at the
end of my rope.
I was on deadline and they'd
been bashing that basketball
against the side of
my house all morning!
Well the timing of this
is a little unfortunate.
Victor:
Oh, it's fabulous
timing for Jonathan,
it's exactly what he wants.
To paint me as some
kinda foaming racist,
who's a danger to
my own daughter.
Would he do that?
Just the fact that he's
demanding full custody
all of a sudden.
It's because of the video.
Otherwise he wouldn't
have a leg to stand on.
I do all of the parenting,
for God's sake.
Well we'll just have to
demonstrate that
to the mediator.
Victor:
We're lucky if he shows up
to Callie's frickin' Christmas
pageant once a frickin' year.
Victor, how is Callie-
Victor: Just tell me this,
how bad does this make me look?
Do I come across as some kind of
loud-mouthed asshole?
Reggie:
However it makes you look,
I'll do my best to ensure
that the mediator's decision
is fair to you and Callie.
We'll just have to play up
your good qualities, right?
Victor: Yeah.
Judge Reynolds:
Miss Diggs feels the jury
panel is too "monotone".
Can you tell the court how
you came up with the array?
Sheriff:
I just did my job,
same as always.
Uh, we go through
the voting lists,
even use the
phone book sometimes
and just call people in.
Marcie:
How do you chose who to call?
Sheriff:
It's just random selection.
Marcie: Random?
And yet there were
no names chosen
from the communities of
Preston or Wallace Hills?
Sheriff:
Just the luck of the draw,
I guess.
Marcie:
Do you know Halifax
well, Sheriff?
You grow up around here?
Sheriff: Not too far.
I grew up in the valley.
Uh, Kentville.
Um, moved here in my 20s.
Marcie:
Mm, the valley,
beautiful place.
It's kinda the place
where everyone knows
everyone, yeah?
Yes, ma'am.
So then you know
Dillon Lovett's family?
I mean, he grew up in Wolfville,
just down the road from you.
[clears throat]
Marcie:
Plus, he played hockey, right?
I understand his dad
played hockey as well?
His dad would be
around your age,
come to think of it.
He wouldn't happen to
be one of those boys
that you still
sometimes play with,
now would he?
Sheriff: No, gosh, no.
I mean, I-I know who
Steve Lovett is,
I used to see him all the
time at my nephew's games,
but it's not like we
were playing on the the-
Marcie:
Oh, so, I'm sorry,
you're saying
that your nephew
played against Dillon,
the deceased in this case.
So,
you've attended Dillon Lovett's
hockey games?
Oh boy.
[soft groovy music]
Marcie: Thanks.
Hey.
Hey.
Where's, uh,
where's our dates?
Get stood up?
Uh, no.
Pam's MIA, she's not
answering her texts.
And Conner, well,
Pam is the one coordinating
with Conner, so.
She's probably just
underwater with work.
Yeah.
So, uh, what-what should we do?
I'm starving.
We're here.
So...
[soft dramatic music]
♪
Conner: There they are,
Marcie, Avery.
You must be Conner.
So nice to finally
meet you, yes.
It's nice man, it's great.
I've heard so much from Pam.
Hi, nice to meet you.
I think I gotta hug you.
Oh! - Is that?
I mean, I know consent's
a big deal these days,
so I just wanna?
Yeah, sure.
- We're good, we're good, okay.
That's good.
Conner: Oh, so good, finally!
Oh god.
It's been tough for me.
I'm a natural hugger.
So.
I'm excited, I hear
that you golf.
No.
Oh, okay, well I just
musta misunderstood Pam.
I coulda sworn she
said you golfed.
My bad.
Where is Pam, anyway?
So, we're not sure that
Pam's gonna make it.
So, Avery and I were thinking
maybe we should just reschedule.
No, Pam will show.
Not to worry.
She-she's probably just
giving us some time
to get to know each other.
It's so Jaeger of
her [chuckling].
I'm sorry, so what?
Did Pam never tell you the
nickname that I gave her
back at McGill?
Jaeger Mistress.
No? Nothing?
Oh my-
I have a story for you
guys before she gets here,
this is a great story.
So, listen, don't tell
her I told you either.
[soft dramatic music]
♪
Yeah, there's a couple
of crazy people, but,
it's still nice,
nice and crazy, yeah.
News Reporter VO:
The 23-year-old Mi'kmaw woman
charged in the stabbing
death of Dillon Lovett.
We're dying.
We're dying.
From now on we can't
just sit idly by anymore.
Sorry. - You okay?
Cheryl:
If they hit us, we hit back.
Marcie, your client's
all over the news.
[dramatic music]
[on video] Cheryl:
We can't just sit
idly by anymore.
If they hit us, we hit back!
Kill or be killed!
Kill or be killed!
Kill or be killed!
[tense instrumental]
It was a demonstration about
murdered and missing women.
I noticed they didn't
mention that on the news.
It's all about
optics, Morningstar.
All anyone's going to
take away from this
is Cheryl saying
"kill or be killed."
A teenage girl was
found strangled to death
from our reserve just
around the corner from here.
And that's what that
protest was about.
Every one of us felt raw
and terrified that day,
under siege.
Cheryl said what we
were all feeling.
I understand that.
Do you?
Morningstar:
Our lands, our language,
our women, our men,
they would rather forget
that we were here first.
Cheryl stood up for me
and they wanna
punish her for that.
Marcie:
And I'm trying my
best to stop them.
Look, there's a good deal
on the table right now.
She told me about that deal.
That apology?
Yes, I need her to
say yes, today.
So why are you talking
to me about it?
Because you're her friend.
And she'll listen to you.
Two men were about to rape me.
And she stopped them.
[dramatic instrumental]
♪
Cheryl is my hero
and she will never apologize
for what she did, Marcie,
and I would never ask her to.
[sombre instrumental]
♪
Victor: Oh, please!
Anger issues, oh,
that's brilliant!
Why don't we talk about
negligence issues?
Half-assing it issues?
Never-showing-up issues?
This is what I
have to deal with.
Just constant yelling
and histrionics.
It's not good for Callie.
Victor:
You know I would
never yell at Callie.
You don't even know
when you're doing it!
Okay, okay, uh,
let's just all take a breath.
No, I mean it, both of you.
Breath in.
Breath out.
What's next, chanting?
Reggie:
[stammering] Uh, here's
the thing, Kathryn,
the video shows my client in a-
um, well, an unfortunate light.
He was on a deadline.
He works at home.
He's a respected novelist.
Respected might
be stretching it.
[scoffing]
Reggie: It was a long day.
Victor was at the
end of his rope.
Now, Mr. Castleman here may
be the main breadwinner, but,
well, Victor does his
writing and the lion's share
of the child rearing.
Jonathan:
You think I'm happy
about leaving my daughter
with Mount Vesuvius all day?
Well, Callie is by all
accounts a-a thriving,
and well-adjusted little girl.
Kathryn: Whose accounts?
Pardon?
Who says Callie's thriving?
Victor: Talk to her teachers,
her gymnastics instructor.
They'll all tell you
that Callie's happy.
She's a dream.
What if I talk to Callie?
Kathryn:
I think that's a
wonderful idea.
That's a terrible idea.
I don't wanna put her in
the middle of all this.
Kathryn:
Well, she won't be put in
the middle of anything,
Mr. Deer.
She'll have a lovely talk
with Ms. Beals here
about how she's been
feeling lately.
Let's set it up.
Judge Reynolds:
Welcome everybody.
Now before we begin,
I'd like to say-
Your Honour?
[clearing throat]
Miss Diggs?
Well, I'd hate for you
to waste your spiel again.
Okay, what's your
issue with this panel?
Some footage appeared
in the news last night
that was highly
prejudicial to my client.
Judge Reynolds: All right.
Ladies and gentlemen,
raise your hands if
you saw the TV footage
of the defendant on
the news last night,
that Miss Diggs is referring to?
Judge Reynolds: Wonderful.
All you folks with your
hands up can go home.
Sheriff, we're gonna
need you to round up
a few more people.
Then, who knows?
Maybe we'll actually get
around to selecting this jury.
Victor: Hey!
Who the hell do
you think you are?
Excuse me?
Victor:
You're supposed to
be working for me!
Iris: I am working for Callie.
Victor:
You just don't offer
up my daughter
to this miserable process like
some kind of human sacrifice!
Victor, all that is happening-
Victor:
Why are you even
a part of this?
Are you even qualified
to work here?
Can I help you with
something, sir?
And who are you?
Iris:
Mr. Deer was just
expressing some frustration.
Colleen: Well, Mr. Deer,
if you could express
those frustrations
somewhere besides this office.
Oh, well is this
the way that, uh,
your people here
speak to clients?
Colleen: "Your people". My god.
Victor, I think it's time to go.
Past time.
Make sure Mr. Deer has got a
copy of our harassment policy
on the way out.
Harassment, are you joking?
What is her name?
I want her fired.
Reggie: She's my boss,
and if you don't
check your attitude,
she might fire you.
I'm sorry, I-
I just get worked up.
Listen, go home,
try meditating or something.
Right.
You're right.
I hate to break this to you,
but I think our client
is a racist idiot.
Oh, no, I think he's pretty
much equal opportunity.
If you say so.
[playful instrumental]
27.
Challenge.
Clerk: 50.
Judge Reynolds:
Ladies and gentlemen,
don't get too comfortable
just because your
number has been chosen.
79.
Judge Reynolds:
You now enter the challenge
portion of our program.
Challenge.
Judge Reynolds:
We'll be calling each
of you individually,
when your number is called,
please stand
and Miss Diggs and Miss Reid
will determine-Clerk: 50.
Judge Reynolds:
If you're the right
fit for our jury.
Challenge.
Clerk: 81.
Challenge.
Clerk: 50.
Challenge.
41.
Judge Reynolds:
Now don't let it
hurt your feelings-
Challenge.
Judge Reynolds:
If you end up being excused,
this is the process.
59.
Judge Reynolds:
And it's nothing personal.
Challenge.
Judge Reynolds:
It just means our lawyers here
are doing everything they can-
- Challenge.
-Challenge. Judge Reynolds:
To ensure the
accused in this case
gets a fair,
impartial trial.
-26.
Challenge.
Really?
She can't challenge every
person of colour, can she?
Doug:
There aren't that
many more to challenge.
Gregor?
Do you mind?
Oh, no, of course.
Do you need something?
The, uh, Organizational
Committee met last night.
Given the sheer
volume of clients,
we've decided that
the role of Director
needs to be more than
purely administrative.
Meaning what?
Meaning clients,
cases, trial work.
I'd like to know how the
committee expects that to happen
in a manner that doesn't
shortchange the clients?
Oh, you don't seem
happy, Colleen.
Last time we spoke I thought
you were just itching
to get back into the courtroom.
I'm thrilled, Gregor.
I'm glad.
At your service.
My name is Annabel Draper.
Louise:
Mrs. Draper, it says here
that you live in
Portland Estates?
Yes, my husband and
I retired there.
I was born on
Wallace Hills Reserve,
but grew up in Dartmouth.
Here we go.
Challenge for cause.
Marcie: Cause?
She still has a couple of
peremptory challenges left.
Well maybe she's saving it for
someone a little trickier.
She's from the same
reserve as Cheryl.
Judge Reynolds: Well folks,
now it gets interesting.
Miss Reid has challenged
Mrs. Draper for cause.
That means we'll now
have a mini-trial
to determine her
suitability for the jury.
Two of you from the
panel will now be chosen
at random to help us with that.
Susan?
Susan:
Number 57 and number 29,
stand up please.
Your Honour, I
have to point out,
we have a very small
number of people of colour
to choose from here.
What's your point, Miss Diggs?
Marcie:
The two triers won't be
able to serve on the jury,
leaving us with one less
person of colour in the pool.
Judge Reynolds:
So you'd prefer me to hand-pick
you a pair of Caucasians
to try Mrs. Draper, is
that what you're saying?
No, Your Honour.
Judge Reynolds:
Then let's move on.
Reggie:
Victor, it doesn't matter
what people are saying
about you online!
Victor:
It matters,
everything matters,
what people say about me online.
No, the mediator won't care.
Victor: Are you kidding me?
We need to get back
in the office-
Oh, god, okay, yes, fine,
if you wanna come back
in I'm here 'til six.
Victor:
You need to bring Jonathan
in we need to settle-
Colleen:
Is that the guy
from this morning?
Give me the phone.
Reggie:
Victor, we'll talk about
it when you get here.
I'm hanging up now.
[sighing]
The gift that keeps on giving.
You gotta get him under control.
Reggie: Oh please,
he's like a barking chihuahua,
you tap him with a newspaper,
and his tail goes
between his legs.
I'm worried about Iris though.
Why?
Ah, you know,
she's young, new at the job.
I mean, you saw,
he was screaming at her today.
She shouldn't have to
put up with that crap.
No, she shouldn't.
And he was this close to
getting banned from the office.
Mm.
Uh, better get back to it, then.
I haven't been back
to the reserve
since I was a little girl.
No, you don't have family there?
Oh, I do, my dad's people.
We just never had much
contact growing up.
Judge Reynolds:
So you don't really
know your dad's folks,
and you don't know
Miss Battiste here,
or any of her family?
No, sir.
Satisfied counsellors?
Louise: Your Honour,
I'd be interested in the reason
Mrs. Draper's mother
left the reserve?
Marcie:
I don't see what relevance
Mrs. Draper's personal
family business could have.
Judge Reynolds:
Would it bother you to answer
the question, Mrs. Draper?
Oh, no,
my mother always just said that
my dad's folks were screwed up.
But-but mainly she had a lot of
sympathy for what they suffered.
What they suffered?
Mrs. Draper: Oh, well,
my dad and his brothers,
they'd been in
residential school.
It caused the family
a lot of grief.
Louise: Your Honour,
in light of Mrs. Draper's
background,
and her father's
traumatic experience-
Marcie:
Wait, does counsel
seriously mean to imply
that Mrs. Draper is biased
because of her family history?
Louise:
We're talking
about her father.
Mrs. Draper barely
knew her father.
I didn't know him at all.
I never knew my father
because he committed suicide
not long after I was born.
[dramatic instrumental]
Judge Reynolds:
Thank you, Mrs. Draper.
I think our jury has more
than enough, counsellors.
What is your decision?
[dramatic instrumental]
Male Juror: No, Your Honour.
[sighs]
[dramatic instrumental]
Twelve jurors confirmed,
ladies and gentlemen.
We're in the home stretch.
Susan, who's our
lucky final two?
Susan: Number 84.
[dramatic instrumental]
Susan: Name?
Ronan Hawley.
North end.
He's military.
We're out of
peremptory challenges.
Worth its challenge for cause?
I don't know.
I don't want it in the jury's
head that this is about Cheryl
versus the Canadian military.
Counsellors?
Louise: Content, Your Honour.
[dramatic instrumental]
Content.
Judge Reynolds:
Welcome, Mr. Hawley.
Susan:
Do you swear that you will
well and truly try the accused?
Why are you letting a bunch
of white guys on the jury?
They're always over-represented.
And if we challenge for cause,
we need to be able
to prove bias.
Judge Reynolds: Well folks,
I never thought we'd get here.
Just one juror left to confirm.
Susan?
13!
Name?
Juanita Stevens.
What's the verdict, counsellors?
Content.
Judge Reynolds: Miss Reid?
Challenge.
[Judge laughs]
You're all out of peremptory
challenges, counsellor.
Your Honour, I-
Judge Reynolds: Think carefully.
It's been a very long day, hm?
Content.
Judge Reynolds:
Ms. Stevens, welcome
to the jury.
Susan:
Do you swear that you will
well and truly try the accused?
Don't lose heart, okay?
Mu na newtugwa'lugwe'wen
ewjit u't
Judge Reynolds:
Thank you for your
patience everyone.
We still have a bit of
administrative
housekeeping to do,
but, it's late.
Let's reconvene tomorrow,
at which point
Miss Battiste's case
will be formerly
placed in your charge.
Have a good evening, folks.
Bailiff: All rise.
Okay, I'll come visit
you tonight, all right?
Thank you.
[cell phone ringing]
[beep]
Hi.
Hey, you feeling any better?
Pam: Actually, not really,
I'm not 100%.
I was thinking I might
just go home early
and try and get some sleep.
Avery: Oh.
Well, now I'm worried.
If you're leaving work
it must be serious.
[chuckling]
Uh, you want me to
come over later?
I make a mean Campbell's soup.
Rain check?
Avery: Okay, well then,
I'll touch base tomorrow.
Feel better.
Okay, 'night.
Avery: Bye.
Marcie:
Cheryl, there comes a point
when we have to cut our losses.
We're at that point now.
How can it be fair
when there's twice as
many men on that jury
as women?
How can it be fair when
I watched that lawyer
get rid of every single
non-white person she could?
It's not fair, it's the system.
Cheryl:
You told me I had to be
there because the system
wants me to see it's
an impartial process.
That's a joke!
Okay, but this is
where we are now Cheryl.
This is the jury
we're stuck with.
You want me to take the deal.
Marcie:
You could end up
doing a lot more time
if this hate crime
charge sticks.
The kind of time that
changes the trajectory
of your entire life.
[dramatic instrumental]
They still want an apology?
Yes, for the family.
Huh.
And what about my family?
And Morningstar's family, huh?
The generations and
generations of our people
who've been terrorized
and attacked
exactly like we were?
Marcie:
But you going to jail isn't
gonna help those people.
You can't take on history
when you're fighting
for yourself here.
Cheryl: History?
It's not about history,
Marcie, that's my point.
It's right now.
I defended my friend,
that is why I'm being punished.
I fought back.
And they want me to
beg forgiveness?
I won't do it.
I won't do it.
Marcie:
Cheryl, I understand
your stance
and I respect it.
But eight to 12 behind bars
is no victory over racism.
If you get put away, they win.
Talte'min Kil?
Ankite'ten kwetey n'sis.
Kil na tepaquatiken.
We should go now.
The idea was that
you'd say something
to get her to change her mind.
I know.
I had every intention
of doing that.
Okay, so what was that in there?
Doug:
She asked me what I thought.
"As a brother," she said.
I told her she was
doing the right thing.
Cheryl is the kind of
brilliant, driven person
who could change
the world one day.
Now she's gonna spend a decade
of her life incarcerated
because she won't
say a few words.
How does that add up to justice?
Doug: It doesn't.
None of this does.
It's just a system that
we have to maneuver in.
Right! That's what
Cheryl has to do now!
She has to work the system
so she can have her freedom.
Doug:
Yeah, but that's only one
kind of freedom, Marcie.
Not the one that matters
to Cheryl in the long run.
[dramatic instrumental]
[Victor murmuring]
Victor:
...calling me a demon online.
They're calling me
a raving lunatic.
I'm not sure what
I'm supposed to do.
Oh, hey Victor.
Hi.
Sorry, Reggie, did I
overlook a meeting?
Reggie: No, uh, Victor just, uh,
dropped in to strategize
a bit on the fly,
I got it covered.
Okay, well, goodnight.
Night.
So, where were we?
Pam: How'd you like Conner?
Just read, Jager Mistress.
That good, huh?
No, I don't recognize
any of these names.
We're just looking for any
advantage at this point.
Well at least the women jurors
should be sensitive to
the idea that Cheryl
was defending Morningstar
against a potential assault.
Doug:
Of course some might have
white sons Dillon's age,
in which case that's-
Pam:
Still, just 'cause
they're all white
doesn't mean they'll
all be racist.
Marcie:
No, but when it comes to race
people have blind spots that
they don't even realize.
I need jurors who understand
all the ways in which
society is stacked against
my client from jump.
I need people who've
experienced discrimination
for themselves.
There's always Ms. Stevens.
Marcie:
Yeah, our one lone
person of colour,
who might end up being
chosen as an alternate,
and then getting sent home.
Pam:
Well, good luck tomorrow, guys.
Goodnight.
Night.
Night all.
Hey, you never got back to me
about, uh, my new jury array.
Was I supposed to?
I left it in your inbox.
Ah, I was gonna check
that on the way out.
Marcie:
Well, they've already
chosen a jury, so,
now you only have
to look at 14 names
as opposed to 100.
[groaning]
How'd selection go anyway?
Marcie: Don't ask.
Ronan Hawley.
What about him?
Well, it's a distinctive name I-
It just rings a bell.
I think I might have
defended this guy,
it woulda been a long time ago.
That's the military guy.
Yeah.
Marcie:
Are you sure?
I mean, was he convicted?
If he-if he was convicted then
we can get him off the jury.
Nah.
Marcie:
Reggie, come on,
you gotta think.
No, all I remember is the name.
[groaning]
God I have not wanted
to Google someone's name
so badly in my life.
Except we can't
investigate jurors.
But you know who can?
Hey, can I talk to you?
Spoken to your client
about the deal?
I have, but that's
not what this is about.
I got some intel about
one of our jurors,
Ronan Hawley.
He might have a criminal record.
Researching jurors, Marcie?
That is beneath you.
Marcie:
I came across some information
pertinent to the trial.
I brought it to your attention,
which I'm legally obliged to do.
Except I don't buy
that you came across it,
not for a second.
And you're legally
obliged to look into it.
Louise: No, I don't think so.
I think my legal
obligations lie elsewhere.
I'm taking this to the judge.
[soft instrumental]
This is a serious claim you're
making against Miss Diggs,
Miss Reid.
Louise:
Your Honour, this brings
me absolutely no pleasure.
I just thought I should
bring it to your attention.
Isn't it equally serious to
have someone on the jury
who shouldn't be?
Your Honour, Miss Diggs
has been obsessed
with jury composition
since the beginning.
Marcie: Excuse me, I'm obsessed?
I'm trying to get my
client a jury that's-
Judge Reynolds:
Okay, okay, stop.
We'd better take this inside.
Victor, we have
good news for you.
Hm.
Iris:
I found out some things
from Callie this morning
when I interviewed her.
Reggie: Victor, pay attention.
Iris:
She told me about
something that happened
a month or so ago.
You were away on some
kind of business?
The AWP Conference,
I was on a panel.
Iris: Apparently,
there was a day that Jonathon
neglected to pick up Callie
from daycare.
What, he just didn't show up?
Iris: He didn't show up.
And they couldn't
reach his phone.
They ended up calling
Jonathan's mother,
who picked up Callie
two hours late.
Victor: Oh my god.
Couldn't even be a decent
parent for one lousy week.
Iris: And apparently,
he instructed Callie not
to tell you this occurred.
[scoffing]
I'm gonna kill him.
Victor, this is good.
Please, don't tell
me what's good,
what do you even
know what's good?
You just spent the entire
morning torturing my daughter.
Making her relive the
worst possible experience-
Okay, that's enough.
[dramatic instrumental]
Reggie:
And the woman
you're berating
just won you equal
custody of your daughter.
Do you not get that?
Hell, she could've gotten you
full custody if you'd wanted it.
You should be thanking her!
Every day I watch
you come in here
and dismiss and
disparage the person
who's been working
her ass off for you.
And you don't even
show her the respect
of making eye contact
with her half the time!
Reggie, really it's-
Reggie:
No, no, no, no,
I'm done with this.
Now you're gonna look at her,
and show her the respect
that she deserves.
Go on, look at her!
Now I want you to apologize.
I'm sorry, Reggie.
[scoffing]
No, no, not to me, to her!
[sighing]
Judge Reynolds:
Here are your options.
One, we excuse the
juror in question
and choose an alternate,
as Miss Diggs has requested.
Or two, we can discharge
the jury altogether.
Discharge the jury?
Judge Reynolds:
I don't see why not.
The trial hasn't started.
The accused hasn't been
placed in the jury's charge.
In which case-
Judge Reynolds: You'd get me.
Trial by judge.
What'll it be, counsellor?
A jury or no jury?
Well, I'll take you,
Your Honour, thank you.
Judge Reynolds:
Well, you ladies
chose a fine jury.
I'm sure they're all
glad to be going home.
Judge Reynolds:
Oh, not all of them will be.
Some of them looked like
they were just settling in
to a nice episode
of "Law and Order."
[dramatic instrumental]
Judge Reynolds:
Oh, you noticed that.
My wife and I had a part in
getting that centre built.
Set up a scholarship fund too.
I'm so proud of those kids.
Your Honour, it seems-
Judge Reynolds:
How does it seem now, sorry?
Like someone suddenly
reshuffled the deck?
We can go to trial if
you want Miss Reid,
but in my opinion,
the longer this heartbreaking
case drags out,
the worse the damage
for all concerned.
So, maybe we can come to
a reasonable agreement
and limit the damage.
What do you say, ladies?
By all means, Your Honour.
Marcie:
It's two years, less a day,
time served,
and three years probation.
During which time
you'll be forbidden from
attending any political rallies.
The upshot being,
you take this deal,
you walk outta here
in six months.
[dramatic instrumental]
[sighing]
What about the-
Marcie: The apology?
It's off the table.
I made that non-negotiable.
[sighing]
[upbeat instrumental]
♪
Wela'lin.
Avery:
You weren't answering
your phone, so,
thought I'd check and make
sure you're still alive.
Sorry, I had it on silent,
I was just resting.
Pam, what's going on?
I mean, you haven't been
yourself these past couple days.
Skipping out on a
date that you set up,
awkward pauses
when I call. It's-
It's not about you.
Okay then Pam, what is it about?
I didn't mean for it.
It's not even a big deal,
it didn't,
it didn't hurt. I-
Avery: Wait, what?
What didn't hurt, Pam?
I didn't know.
I had no idea.
I was just going
through my morning
and I went to the bathroom
and the next thing I know
the toilet bowl is-
Full of blood.
Oh my god, Pam.
[sighing]
Avery, I didn't even
know I was pregnant.
Pam, I, um-
I am so sorry.
How did I not know?
[soft instrumental]
Whiskies?
We need to celebrate.
Celebrate what?
Well, Victor's gone,
we won the case,
and, uh, did I mention
Victor was gone?
I'm glad you're feeling
good about it, Reggie.
Did I say something wrong?
[sighing]
You made some assumptions
about me this week
that I don't really appreciate,
to be honest.
About you?
Mmhmm, you assumed I needed
protecting from my client.
And that forcing Victor to
give me an insincere apology
was somehow showing me respect.
No, no, that's not what I-
Iris:
I don't need you to run
interference for me.
Look, I get it,
but it wasn't about you,
the guy just made me angry.
Iris: Then be angry.
But just let me do my job.
Don't keep me out of meetings,
and don't get in between
me and my client.
It's condescending.
I didn't realize that
was what I was doing.
Why didn't you say something?
Iris: Because, Reggie,
sometimes it's just less
exhausting to fend off
the straight up
bigots like Victor,
than to educate well-meaning
white guys like yourself.
Well I apologize, sincerely.
And Reggie,
the next time two of us
have a conversation
and one of us says
something is racist,
who do you think is the
expert in that scenario?
Not me?
Now you may buy me a drink.
[uptempo rock music]
Iris: Thank you.
♪ My mind's been dancin'
♪ Like a wheel-
Doug: Congrats.
[uptempo rock music]
Marcie: Thanks.
Doug: Marcie,
we are celebrating,
so let's celebrate.
Why did I push so hard?
Doug: What do you mean?
The apology.
I knew how much it
mattered to Cheryl.
You were fighting
for your client.
I just, I couldn't
understand the idea
that this system could
defeat someone so strong
and so decent.
Doug:
But for Cheryl the defeat
wasn't about time served.
It would've been in the apology.
I thought about what you
said last night in the prison,
and the different
kinds of freedoms.
Mm.
Marcie:
I was always taught
the way you get free
is you work your way
into the system
and then you be better
at it than everyone else.
To take it over.
To make it yours.
I was taught
something different,
that the system wants
to make us disappear.
And we can't let it.
[dramatic instrumental]
♪♪
[chuckles]
Oh my god, yeah,
we really did it. - Yeah.
Are we going to do
the smudging again?
♪ White hands off our lands.
♪ White hands off our lands
♪ White hands-
[man ululating]
Not woke, dude.
Seriously?
Oh come on, go back
to the Reserve.
'Cuz I'm from right here, buddy.
Brent:
Okay, keep walking Pocahontas.
You actually, uh,
well you look better from
the back anyway, wow.
What pasty-ass
European potato patch
did your ancestors crawl out of?
Bitch, you don't know
anything about my ancestors.
I know a racist piece
of shit when I see one.
Let's go! Let's go.
I think you're gonna apologize.
I think you can kiss my ass.
Brent: What did you say to me?
Hey, hey, don't touch her!
[grunting]
Apologize, okay?
Morningstar: Stop, stop, stop!
Brent:
Maybe get on your knees
and I'll forgive you.
[chuckling]
Dude! Brent.
[groaning]
Morningstar: Let me go!
Down here, okay.
Come on, down here.
Let me go! - Come on.
Morningstar: Let me go!
[chuckling] [dramatic music]
Brent: Dillon.
[sputtering]
Brent: Dillon?
[dramatic music]
[gasping] [sputtering]
Brent: Dillon!
[sputtering]
Brent: Dillon!
[intense instrumental]
Brent: Dillon!
[sputtering]
[intense instrumental]
Brent: Dillon?
[gasping] [sputtering]
Brent: [echoing] No!
Marcie:
These are the prospective
jurors for Cheryl's trial.
Iris:
And what are we
looking for exactly?
Marcie: Anything you can glean
from name, address
or occupation.
Are they rich, poor,
conservative, liberal?
Marcie:
Are they likely to have
a relative in the system?
Or be a person of colour,
please God.
Are we still meeting
tonight by the way?
Pam: Yeah, for sure.
Conner's great.
Doug:
MacDonald, MacDougal,
MacDonnell,
Not exactly colourful names.
This feels dangerously
close to research.
Marcie: Hey, hey,
this is just some casual banter
with my colleagues
about the array.
Now get to work, read.
I do enjoy our collegial banter.
Pam: Seriously,
there's like no names
from Preston on here.
Nothing from the
Wallace Hills Reserve
area either.
Marcie:
My client's sitting
untried in jail
for the last 18 months,
and now they're
gonna whitewash
the jury pool?
You know, you should
get Doug to help.
I thought I was helping?
Colleen: No, I mean,
be there with Marcie during
the selection process.
Doug:
What, so I can be the
Indigenous Whisperer?
Marcie: Doug,
I actually could
use your help on
this one.
I mean, Reid said
she's gonna add a
hate crime charge
on top of the murder charge.
Doug: Hate crime?
She's gonna say your
client killed Dillon
'cause he was white?
As opposed to about
to rape her friend?
She's just running the plays.
Colleen:
I saw Dillon profiled
on the news last night.
Spotless military record,
high school hockey hero.
You'd think he was a
candidate for sainthood.
Marcie: Meanwhile my client's
a scholarship student.
She's a community activist.
Doug: They're gonna turn
that social activism
against her.
Say she's an angry Indian.
Not if I can find
the right jury.
A diverse jury will
see right through
all that stereotyping crap.
I'll swing by this afternoon.
You're the man.
[sombre piano instrumental]
♪
So, jury selection starts today.
Once a jury is chosen then-
Cheryl:
The deal's off the table.
I know.
Marcie: It's a good one, Cheryl.
I know five years is a lot,
but now we have this hate
crime charge to contend with,
which could add as much as
12 years to your sentence.
You take the deal,
that goes away.
Even without the hate crime,
it's a gamble.
We could end up with
an unsympathetic judge.
And then we have the jury.
The white jury.
There's a good chance the
jury could be all-white, yes.
I'm saying,
the odds aren't in your
favour if we go to trial.
I mean, this-this deal
is the safer bet.
But the jury can't order
me to make an apology.
Is it really that
big a price to pay
if it keeps you out of
federal prison for a decade?
I'm not doing it.
The Crown's not gonna
take the apology
off the table, Cheryl,
I mean, they're saying it's
important to the family.
If an apology's
part of the deal,
then I'm not taking the deal.
End of story.
[dramatic instrumental]
Well then,
we'll just have to find you
one hell of a solid jury.
Why don't we get started?
I think we should wait for Pam.
I mean, what's the
point of doing this
without the lawyer here?
Well, as your social worker,
I do need to ask-
I don't wanna have
to repeat myself.
This whole process is
tedious enough as it is.
Victor: Here's a thought,
maybe you could,
I don't know,
go look for her?
[sighing]
[soft dramatic music]
[water trickling]
[door clicking open]
Iris: Hey. - Hey!
Everything okay?
'Cause Victor is getting a
little bit antsy out there.
Oh, shoot.
Ah, you know what?
I double booked.
Um, could you ask
Reggie to take Victor?
And tell him I'll owe him huge.
Iris: Sure.
Okay, um, I'll go ask him now.
- Okay.
Thank you, and I'm
sorry about this Iris.
I know we were gonna
work together.
Yeah, no problem.
[tense dramatic music]
So we're doing this, are we?
Marcie: Like I said,
the apology's a non-starter.
The hate crime
charge didn't
move the needle?
[chuckling]
You know you'll never
make that stick.
Louise: Yeah, okay.
Still haven't seen a copy
of the indictment, by the way.
It should be on your table.
Hmm, thanks a bunch.
You ready for this?
Do I have to do anything?
No.
The idea is
that you have a
right to witness
the process,
so you can see
that the selection
is done fairly.
Will I see that?
That's the hope.
[soft dramatic music]
Damn.
What's wrong?
The banner.
Clerk:
The Crown charges
that the defendant,
Cheryl Battiste,
did unlawfully kill
Dillon Lovett.
And did thereby
commit manslaughter,
contrary to
Section 234 of the
Criminal Code.
Further,
Miss Battiste
did unlawfully
incite hatred
in a public place
by communicating written
statements on a banner,
to wit:
"Filthy white hands,
off Indigenous lands",
Contrary to Section 319
of the Criminal Code.
Thank you, Susan.
Well, folks,
now we know why we're all here.
Marcie: Your Honour,
once again,
I find the reading out of the
indictment at this stage,
highly prejudicial
toward my client.
Judge Reynolds:
Yes, I heard you the
first time, Ms. Diggs.
That's why it's been
made clear to the panel
that these are only allegations.
But ultimately I
agree with Miss Reid
that it's important for
the jury to have a grasp
of the charges from the onset.
Marcie:
Well, I just need to
reiterate that this is-
And you have, Miss Diggs.
A few times now.
Can we move on?
Now folks,
I have a little
spiel I like to give
before we kick things off.
Jury duty can be a hardship,
but it's an obligation
of citizenship
and one of the more exciting
ways the average citizen
can participate
in our democracy.
That said-
Your Honour?
[clears throat]
Yes, Miss Diggs?
I want to challenge the array.
Get outta here!
What, move!
[children shrieking]
Victor:
The next time you come
around with a basketball
I'm gonna stick it where
the sun don't shine!
You hear me?
You little monkeys! Go on!
You too.
[Victor scoffing]
Victor:
I didn't mean
monkeys that way.
I meant,
"you mischievous children",
kinda monkeys.
And what about, uh,
"I'll stick the basketball
where the sun don't shine?"
Well that I meant
as it sounded, yes.
Obviously, I'm not
gonna do that.
I was just at the
end of my rope.
I was on deadline and they'd
been bashing that basketball
against the side of
my house all morning!
Well the timing of this
is a little unfortunate.
Victor:
Oh, it's fabulous
timing for Jonathan,
it's exactly what he wants.
To paint me as some
kinda foaming racist,
who's a danger to
my own daughter.
Would he do that?
Just the fact that he's
demanding full custody
all of a sudden.
It's because of the video.
Otherwise he wouldn't
have a leg to stand on.
I do all of the parenting,
for God's sake.
Well we'll just have to
demonstrate that
to the mediator.
Victor:
We're lucky if he shows up
to Callie's frickin' Christmas
pageant once a frickin' year.
Victor, how is Callie-
Victor: Just tell me this,
how bad does this make me look?
Do I come across as some kind of
loud-mouthed asshole?
Reggie:
However it makes you look,
I'll do my best to ensure
that the mediator's decision
is fair to you and Callie.
We'll just have to play up
your good qualities, right?
Victor: Yeah.
Judge Reynolds:
Miss Diggs feels the jury
panel is too "monotone".
Can you tell the court how
you came up with the array?
Sheriff:
I just did my job,
same as always.
Uh, we go through
the voting lists,
even use the
phone book sometimes
and just call people in.
Marcie:
How do you chose who to call?
Sheriff:
It's just random selection.
Marcie: Random?
And yet there were
no names chosen
from the communities of
Preston or Wallace Hills?
Sheriff:
Just the luck of the draw,
I guess.
Marcie:
Do you know Halifax
well, Sheriff?
You grow up around here?
Sheriff: Not too far.
I grew up in the valley.
Uh, Kentville.
Um, moved here in my 20s.
Marcie:
Mm, the valley,
beautiful place.
It's kinda the place
where everyone knows
everyone, yeah?
Yes, ma'am.
So then you know
Dillon Lovett's family?
I mean, he grew up in Wolfville,
just down the road from you.
[clears throat]
Marcie:
Plus, he played hockey, right?
I understand his dad
played hockey as well?
His dad would be
around your age,
come to think of it.
He wouldn't happen to
be one of those boys
that you still
sometimes play with,
now would he?
Sheriff: No, gosh, no.
I mean, I-I know who
Steve Lovett is,
I used to see him all the
time at my nephew's games,
but it's not like we
were playing on the the-
Marcie:
Oh, so, I'm sorry,
you're saying
that your nephew
played against Dillon,
the deceased in this case.
So,
you've attended Dillon Lovett's
hockey games?
Oh boy.
[soft groovy music]
Marcie: Thanks.
Hey.
Hey.
Where's, uh,
where's our dates?
Get stood up?
Uh, no.
Pam's MIA, she's not
answering her texts.
And Conner, well,
Pam is the one coordinating
with Conner, so.
She's probably just
underwater with work.
Yeah.
So, uh, what-what should we do?
I'm starving.
We're here.
So...
[soft dramatic music]
♪
Conner: There they are,
Marcie, Avery.
You must be Conner.
So nice to finally
meet you, yes.
It's nice man, it's great.
I've heard so much from Pam.
Hi, nice to meet you.
I think I gotta hug you.
Oh! - Is that?
I mean, I know consent's
a big deal these days,
so I just wanna?
Yeah, sure.
- We're good, we're good, okay.
That's good.
Conner: Oh, so good, finally!
Oh god.
It's been tough for me.
I'm a natural hugger.
So.
I'm excited, I hear
that you golf.
No.
Oh, okay, well I just
musta misunderstood Pam.
I coulda sworn she
said you golfed.
My bad.
Where is Pam, anyway?
So, we're not sure that
Pam's gonna make it.
So, Avery and I were thinking
maybe we should just reschedule.
No, Pam will show.
Not to worry.
She-she's probably just
giving us some time
to get to know each other.
It's so Jaeger of
her [chuckling].
I'm sorry, so what?
Did Pam never tell you the
nickname that I gave her
back at McGill?
Jaeger Mistress.
No? Nothing?
Oh my-
I have a story for you
guys before she gets here,
this is a great story.
So, listen, don't tell
her I told you either.
[soft dramatic music]
♪
Yeah, there's a couple
of crazy people, but,
it's still nice,
nice and crazy, yeah.
News Reporter VO:
The 23-year-old Mi'kmaw woman
charged in the stabbing
death of Dillon Lovett.
We're dying.
We're dying.
From now on we can't
just sit idly by anymore.
Sorry. - You okay?
Cheryl:
If they hit us, we hit back.
Marcie, your client's
all over the news.
[dramatic music]
[on video] Cheryl:
We can't just sit
idly by anymore.
If they hit us, we hit back!
Kill or be killed!
Kill or be killed!
Kill or be killed!
[tense instrumental]
It was a demonstration about
murdered and missing women.
I noticed they didn't
mention that on the news.
It's all about
optics, Morningstar.
All anyone's going to
take away from this
is Cheryl saying
"kill or be killed."
A teenage girl was
found strangled to death
from our reserve just
around the corner from here.
And that's what that
protest was about.
Every one of us felt raw
and terrified that day,
under siege.
Cheryl said what we
were all feeling.
I understand that.
Do you?
Morningstar:
Our lands, our language,
our women, our men,
they would rather forget
that we were here first.
Cheryl stood up for me
and they wanna
punish her for that.
Marcie:
And I'm trying my
best to stop them.
Look, there's a good deal
on the table right now.
She told me about that deal.
That apology?
Yes, I need her to
say yes, today.
So why are you talking
to me about it?
Because you're her friend.
And she'll listen to you.
Two men were about to rape me.
And she stopped them.
[dramatic instrumental]
♪
Cheryl is my hero
and she will never apologize
for what she did, Marcie,
and I would never ask her to.
[sombre instrumental]
♪
Victor: Oh, please!
Anger issues, oh,
that's brilliant!
Why don't we talk about
negligence issues?
Half-assing it issues?
Never-showing-up issues?
This is what I
have to deal with.
Just constant yelling
and histrionics.
It's not good for Callie.
Victor:
You know I would
never yell at Callie.
You don't even know
when you're doing it!
Okay, okay, uh,
let's just all take a breath.
No, I mean it, both of you.
Breath in.
Breath out.
What's next, chanting?
Reggie:
[stammering] Uh, here's
the thing, Kathryn,
the video shows my client in a-
um, well, an unfortunate light.
He was on a deadline.
He works at home.
He's a respected novelist.
Respected might
be stretching it.
[scoffing]
Reggie: It was a long day.
Victor was at the
end of his rope.
Now, Mr. Castleman here may
be the main breadwinner, but,
well, Victor does his
writing and the lion's share
of the child rearing.
Jonathan:
You think I'm happy
about leaving my daughter
with Mount Vesuvius all day?
Well, Callie is by all
accounts a-a thriving,
and well-adjusted little girl.
Kathryn: Whose accounts?
Pardon?
Who says Callie's thriving?
Victor: Talk to her teachers,
her gymnastics instructor.
They'll all tell you
that Callie's happy.
She's a dream.
What if I talk to Callie?
Kathryn:
I think that's a
wonderful idea.
That's a terrible idea.
I don't wanna put her in
the middle of all this.
Kathryn:
Well, she won't be put in
the middle of anything,
Mr. Deer.
She'll have a lovely talk
with Ms. Beals here
about how she's been
feeling lately.
Let's set it up.
Judge Reynolds:
Welcome everybody.
Now before we begin,
I'd like to say-
Your Honour?
[clearing throat]
Miss Diggs?
Well, I'd hate for you
to waste your spiel again.
Okay, what's your
issue with this panel?
Some footage appeared
in the news last night
that was highly
prejudicial to my client.
Judge Reynolds: All right.
Ladies and gentlemen,
raise your hands if
you saw the TV footage
of the defendant on
the news last night,
that Miss Diggs is referring to?
Judge Reynolds: Wonderful.
All you folks with your
hands up can go home.
Sheriff, we're gonna
need you to round up
a few more people.
Then, who knows?
Maybe we'll actually get
around to selecting this jury.
Victor: Hey!
Who the hell do
you think you are?
Excuse me?
Victor:
You're supposed to
be working for me!
Iris: I am working for Callie.
Victor:
You just don't offer
up my daughter
to this miserable process like
some kind of human sacrifice!
Victor, all that is happening-
Victor:
Why are you even
a part of this?
Are you even qualified
to work here?
Can I help you with
something, sir?
And who are you?
Iris:
Mr. Deer was just
expressing some frustration.
Colleen: Well, Mr. Deer,
if you could express
those frustrations
somewhere besides this office.
Oh, well is this
the way that, uh,
your people here
speak to clients?
Colleen: "Your people". My god.
Victor, I think it's time to go.
Past time.
Make sure Mr. Deer has got a
copy of our harassment policy
on the way out.
Harassment, are you joking?
What is her name?
I want her fired.
Reggie: She's my boss,
and if you don't
check your attitude,
she might fire you.
I'm sorry, I-
I just get worked up.
Listen, go home,
try meditating or something.
Right.
You're right.
I hate to break this to you,
but I think our client
is a racist idiot.
Oh, no, I think he's pretty
much equal opportunity.
If you say so.
[playful instrumental]
27.
Challenge.
Clerk: 50.
Judge Reynolds:
Ladies and gentlemen,
don't get too comfortable
just because your
number has been chosen.
79.
Judge Reynolds:
You now enter the challenge
portion of our program.
Challenge.
Judge Reynolds:
We'll be calling each
of you individually,
when your number is called,
please stand
and Miss Diggs and Miss Reid
will determine-Clerk: 50.
Judge Reynolds:
If you're the right
fit for our jury.
Challenge.
Clerk: 81.
Challenge.
Clerk: 50.
Challenge.
41.
Judge Reynolds:
Now don't let it
hurt your feelings-
Challenge.
Judge Reynolds:
If you end up being excused,
this is the process.
59.
Judge Reynolds:
And it's nothing personal.
Challenge.
Judge Reynolds:
It just means our lawyers here
are doing everything they can-
- Challenge.
-Challenge. Judge Reynolds:
To ensure the
accused in this case
gets a fair,
impartial trial.
-26.
Challenge.
Really?
She can't challenge every
person of colour, can she?
Doug:
There aren't that
many more to challenge.
Gregor?
Do you mind?
Oh, no, of course.
Do you need something?
The, uh, Organizational
Committee met last night.
Given the sheer
volume of clients,
we've decided that
the role of Director
needs to be more than
purely administrative.
Meaning what?
Meaning clients,
cases, trial work.
I'd like to know how the
committee expects that to happen
in a manner that doesn't
shortchange the clients?
Oh, you don't seem
happy, Colleen.
Last time we spoke I thought
you were just itching
to get back into the courtroom.
I'm thrilled, Gregor.
I'm glad.
At your service.
My name is Annabel Draper.
Louise:
Mrs. Draper, it says here
that you live in
Portland Estates?
Yes, my husband and
I retired there.
I was born on
Wallace Hills Reserve,
but grew up in Dartmouth.
Here we go.
Challenge for cause.
Marcie: Cause?
She still has a couple of
peremptory challenges left.
Well maybe she's saving it for
someone a little trickier.
She's from the same
reserve as Cheryl.
Judge Reynolds: Well folks,
now it gets interesting.
Miss Reid has challenged
Mrs. Draper for cause.
That means we'll now
have a mini-trial
to determine her
suitability for the jury.
Two of you from the
panel will now be chosen
at random to help us with that.
Susan?
Susan:
Number 57 and number 29,
stand up please.
Your Honour, I
have to point out,
we have a very small
number of people of colour
to choose from here.
What's your point, Miss Diggs?
Marcie:
The two triers won't be
able to serve on the jury,
leaving us with one less
person of colour in the pool.
Judge Reynolds:
So you'd prefer me to hand-pick
you a pair of Caucasians
to try Mrs. Draper, is
that what you're saying?
No, Your Honour.
Judge Reynolds:
Then let's move on.
Reggie:
Victor, it doesn't matter
what people are saying
about you online!
Victor:
It matters,
everything matters,
what people say about me online.
No, the mediator won't care.
Victor: Are you kidding me?
We need to get back
in the office-
Oh, god, okay, yes, fine,
if you wanna come back
in I'm here 'til six.
Victor:
You need to bring Jonathan
in we need to settle-
Colleen:
Is that the guy
from this morning?
Give me the phone.
Reggie:
Victor, we'll talk about
it when you get here.
I'm hanging up now.
[sighing]
The gift that keeps on giving.
You gotta get him under control.
Reggie: Oh please,
he's like a barking chihuahua,
you tap him with a newspaper,
and his tail goes
between his legs.
I'm worried about Iris though.
Why?
Ah, you know,
she's young, new at the job.
I mean, you saw,
he was screaming at her today.
She shouldn't have to
put up with that crap.
No, she shouldn't.
And he was this close to
getting banned from the office.
Mm.
Uh, better get back to it, then.
I haven't been back
to the reserve
since I was a little girl.
No, you don't have family there?
Oh, I do, my dad's people.
We just never had much
contact growing up.
Judge Reynolds:
So you don't really
know your dad's folks,
and you don't know
Miss Battiste here,
or any of her family?
No, sir.
Satisfied counsellors?
Louise: Your Honour,
I'd be interested in the reason
Mrs. Draper's mother
left the reserve?
Marcie:
I don't see what relevance
Mrs. Draper's personal
family business could have.
Judge Reynolds:
Would it bother you to answer
the question, Mrs. Draper?
Oh, no,
my mother always just said that
my dad's folks were screwed up.
But-but mainly she had a lot of
sympathy for what they suffered.
What they suffered?
Mrs. Draper: Oh, well,
my dad and his brothers,
they'd been in
residential school.
It caused the family
a lot of grief.
Louise: Your Honour,
in light of Mrs. Draper's
background,
and her father's
traumatic experience-
Marcie:
Wait, does counsel
seriously mean to imply
that Mrs. Draper is biased
because of her family history?
Louise:
We're talking
about her father.
Mrs. Draper barely
knew her father.
I didn't know him at all.
I never knew my father
because he committed suicide
not long after I was born.
[dramatic instrumental]
Judge Reynolds:
Thank you, Mrs. Draper.
I think our jury has more
than enough, counsellors.
What is your decision?
[dramatic instrumental]
Male Juror: No, Your Honour.
[sighs]
[dramatic instrumental]
Twelve jurors confirmed,
ladies and gentlemen.
We're in the home stretch.
Susan, who's our
lucky final two?
Susan: Number 84.
[dramatic instrumental]
Susan: Name?
Ronan Hawley.
North end.
He's military.
We're out of
peremptory challenges.
Worth its challenge for cause?
I don't know.
I don't want it in the jury's
head that this is about Cheryl
versus the Canadian military.
Counsellors?
Louise: Content, Your Honour.
[dramatic instrumental]
Content.
Judge Reynolds:
Welcome, Mr. Hawley.
Susan:
Do you swear that you will
well and truly try the accused?
Why are you letting a bunch
of white guys on the jury?
They're always over-represented.
And if we challenge for cause,
we need to be able
to prove bias.
Judge Reynolds: Well folks,
I never thought we'd get here.
Just one juror left to confirm.
Susan?
13!
Name?
Juanita Stevens.
What's the verdict, counsellors?
Content.
Judge Reynolds: Miss Reid?
Challenge.
[Judge laughs]
You're all out of peremptory
challenges, counsellor.
Your Honour, I-
Judge Reynolds: Think carefully.
It's been a very long day, hm?
Content.
Judge Reynolds:
Ms. Stevens, welcome
to the jury.
Susan:
Do you swear that you will
well and truly try the accused?
Don't lose heart, okay?
Mu na newtugwa'lugwe'wen
ewjit u't
Judge Reynolds:
Thank you for your
patience everyone.
We still have a bit of
administrative
housekeeping to do,
but, it's late.
Let's reconvene tomorrow,
at which point
Miss Battiste's case
will be formerly
placed in your charge.
Have a good evening, folks.
Bailiff: All rise.
Okay, I'll come visit
you tonight, all right?
Thank you.
[cell phone ringing]
[beep]
Hi.
Hey, you feeling any better?
Pam: Actually, not really,
I'm not 100%.
I was thinking I might
just go home early
and try and get some sleep.
Avery: Oh.
Well, now I'm worried.
If you're leaving work
it must be serious.
[chuckling]
Uh, you want me to
come over later?
I make a mean Campbell's soup.
Rain check?
Avery: Okay, well then,
I'll touch base tomorrow.
Feel better.
Okay, 'night.
Avery: Bye.
Marcie:
Cheryl, there comes a point
when we have to cut our losses.
We're at that point now.
How can it be fair
when there's twice as
many men on that jury
as women?
How can it be fair when
I watched that lawyer
get rid of every single
non-white person she could?
It's not fair, it's the system.
Cheryl:
You told me I had to be
there because the system
wants me to see it's
an impartial process.
That's a joke!
Okay, but this is
where we are now Cheryl.
This is the jury
we're stuck with.
You want me to take the deal.
Marcie:
You could end up
doing a lot more time
if this hate crime
charge sticks.
The kind of time that
changes the trajectory
of your entire life.
[dramatic instrumental]
They still want an apology?
Yes, for the family.
Huh.
And what about my family?
And Morningstar's family, huh?
The generations and
generations of our people
who've been terrorized
and attacked
exactly like we were?
Marcie:
But you going to jail isn't
gonna help those people.
You can't take on history
when you're fighting
for yourself here.
Cheryl: History?
It's not about history,
Marcie, that's my point.
It's right now.
I defended my friend,
that is why I'm being punished.
I fought back.
And they want me to
beg forgiveness?
I won't do it.
I won't do it.
Marcie:
Cheryl, I understand
your stance
and I respect it.
But eight to 12 behind bars
is no victory over racism.
If you get put away, they win.
Talte'min Kil?
Ankite'ten kwetey n'sis.
Kil na tepaquatiken.
We should go now.
The idea was that
you'd say something
to get her to change her mind.
I know.
I had every intention
of doing that.
Okay, so what was that in there?
Doug:
She asked me what I thought.
"As a brother," she said.
I told her she was
doing the right thing.
Cheryl is the kind of
brilliant, driven person
who could change
the world one day.
Now she's gonna spend a decade
of her life incarcerated
because she won't
say a few words.
How does that add up to justice?
Doug: It doesn't.
None of this does.
It's just a system that
we have to maneuver in.
Right! That's what
Cheryl has to do now!
She has to work the system
so she can have her freedom.
Doug:
Yeah, but that's only one
kind of freedom, Marcie.
Not the one that matters
to Cheryl in the long run.
[dramatic instrumental]
[Victor murmuring]
Victor:
...calling me a demon online.
They're calling me
a raving lunatic.
I'm not sure what
I'm supposed to do.
Oh, hey Victor.
Hi.
Sorry, Reggie, did I
overlook a meeting?
Reggie: No, uh, Victor just, uh,
dropped in to strategize
a bit on the fly,
I got it covered.
Okay, well, goodnight.
Night.
So, where were we?
Pam: How'd you like Conner?
Just read, Jager Mistress.
That good, huh?
No, I don't recognize
any of these names.
We're just looking for any
advantage at this point.
Well at least the women jurors
should be sensitive to
the idea that Cheryl
was defending Morningstar
against a potential assault.
Doug:
Of course some might have
white sons Dillon's age,
in which case that's-
Pam:
Still, just 'cause
they're all white
doesn't mean they'll
all be racist.
Marcie:
No, but when it comes to race
people have blind spots that
they don't even realize.
I need jurors who understand
all the ways in which
society is stacked against
my client from jump.
I need people who've
experienced discrimination
for themselves.
There's always Ms. Stevens.
Marcie:
Yeah, our one lone
person of colour,
who might end up being
chosen as an alternate,
and then getting sent home.
Pam:
Well, good luck tomorrow, guys.
Goodnight.
Night.
Night all.
Hey, you never got back to me
about, uh, my new jury array.
Was I supposed to?
I left it in your inbox.
Ah, I was gonna check
that on the way out.
Marcie:
Well, they've already
chosen a jury, so,
now you only have
to look at 14 names
as opposed to 100.
[groaning]
How'd selection go anyway?
Marcie: Don't ask.
Ronan Hawley.
What about him?
Well, it's a distinctive name I-
It just rings a bell.
I think I might have
defended this guy,
it woulda been a long time ago.
That's the military guy.
Yeah.
Marcie:
Are you sure?
I mean, was he convicted?
If he-if he was convicted then
we can get him off the jury.
Nah.
Marcie:
Reggie, come on,
you gotta think.
No, all I remember is the name.
[groaning]
God I have not wanted
to Google someone's name
so badly in my life.
Except we can't
investigate jurors.
But you know who can?
Hey, can I talk to you?
Spoken to your client
about the deal?
I have, but that's
not what this is about.
I got some intel about
one of our jurors,
Ronan Hawley.
He might have a criminal record.
Researching jurors, Marcie?
That is beneath you.
Marcie:
I came across some information
pertinent to the trial.
I brought it to your attention,
which I'm legally obliged to do.
Except I don't buy
that you came across it,
not for a second.
And you're legally
obliged to look into it.
Louise: No, I don't think so.
I think my legal
obligations lie elsewhere.
I'm taking this to the judge.
[soft instrumental]
This is a serious claim you're
making against Miss Diggs,
Miss Reid.
Louise:
Your Honour, this brings
me absolutely no pleasure.
I just thought I should
bring it to your attention.
Isn't it equally serious to
have someone on the jury
who shouldn't be?
Your Honour, Miss Diggs
has been obsessed
with jury composition
since the beginning.
Marcie: Excuse me, I'm obsessed?
I'm trying to get my
client a jury that's-
Judge Reynolds:
Okay, okay, stop.
We'd better take this inside.
Victor, we have
good news for you.
Hm.
Iris:
I found out some things
from Callie this morning
when I interviewed her.
Reggie: Victor, pay attention.
Iris:
She told me about
something that happened
a month or so ago.
You were away on some
kind of business?
The AWP Conference,
I was on a panel.
Iris: Apparently,
there was a day that Jonathon
neglected to pick up Callie
from daycare.
What, he just didn't show up?
Iris: He didn't show up.
And they couldn't
reach his phone.
They ended up calling
Jonathan's mother,
who picked up Callie
two hours late.
Victor: Oh my god.
Couldn't even be a decent
parent for one lousy week.
Iris: And apparently,
he instructed Callie not
to tell you this occurred.
[scoffing]
I'm gonna kill him.
Victor, this is good.
Please, don't tell
me what's good,
what do you even
know what's good?
You just spent the entire
morning torturing my daughter.
Making her relive the
worst possible experience-
Okay, that's enough.
[dramatic instrumental]
Reggie:
And the woman
you're berating
just won you equal
custody of your daughter.
Do you not get that?
Hell, she could've gotten you
full custody if you'd wanted it.
You should be thanking her!
Every day I watch
you come in here
and dismiss and
disparage the person
who's been working
her ass off for you.
And you don't even
show her the respect
of making eye contact
with her half the time!
Reggie, really it's-
Reggie:
No, no, no, no,
I'm done with this.
Now you're gonna look at her,
and show her the respect
that she deserves.
Go on, look at her!
Now I want you to apologize.
I'm sorry, Reggie.
[scoffing]
No, no, not to me, to her!
[sighing]
Judge Reynolds:
Here are your options.
One, we excuse the
juror in question
and choose an alternate,
as Miss Diggs has requested.
Or two, we can discharge
the jury altogether.
Discharge the jury?
Judge Reynolds:
I don't see why not.
The trial hasn't started.
The accused hasn't been
placed in the jury's charge.
In which case-
Judge Reynolds: You'd get me.
Trial by judge.
What'll it be, counsellor?
A jury or no jury?
Well, I'll take you,
Your Honour, thank you.
Judge Reynolds:
Well, you ladies
chose a fine jury.
I'm sure they're all
glad to be going home.
Judge Reynolds:
Oh, not all of them will be.
Some of them looked like
they were just settling in
to a nice episode
of "Law and Order."
[dramatic instrumental]
Judge Reynolds:
Oh, you noticed that.
My wife and I had a part in
getting that centre built.
Set up a scholarship fund too.
I'm so proud of those kids.
Your Honour, it seems-
Judge Reynolds:
How does it seem now, sorry?
Like someone suddenly
reshuffled the deck?
We can go to trial if
you want Miss Reid,
but in my opinion,
the longer this heartbreaking
case drags out,
the worse the damage
for all concerned.
So, maybe we can come to
a reasonable agreement
and limit the damage.
What do you say, ladies?
By all means, Your Honour.
Marcie:
It's two years, less a day,
time served,
and three years probation.
During which time
you'll be forbidden from
attending any political rallies.
The upshot being,
you take this deal,
you walk outta here
in six months.
[dramatic instrumental]
[sighing]
What about the-
Marcie: The apology?
It's off the table.
I made that non-negotiable.
[sighing]
[upbeat instrumental]
♪
Wela'lin.
Avery:
You weren't answering
your phone, so,
thought I'd check and make
sure you're still alive.
Sorry, I had it on silent,
I was just resting.
Pam, what's going on?
I mean, you haven't been
yourself these past couple days.
Skipping out on a
date that you set up,
awkward pauses
when I call. It's-
It's not about you.
Okay then Pam, what is it about?
I didn't mean for it.
It's not even a big deal,
it didn't,
it didn't hurt. I-
Avery: Wait, what?
What didn't hurt, Pam?
I didn't know.
I had no idea.
I was just going
through my morning
and I went to the bathroom
and the next thing I know
the toilet bowl is-
Full of blood.
Oh my god, Pam.
[sighing]
Avery, I didn't even
know I was pregnant.
Pam, I, um-
I am so sorry.
How did I not know?
[soft instrumental]
Whiskies?
We need to celebrate.
Celebrate what?
Well, Victor's gone,
we won the case,
and, uh, did I mention
Victor was gone?
I'm glad you're feeling
good about it, Reggie.
Did I say something wrong?
[sighing]
You made some assumptions
about me this week
that I don't really appreciate,
to be honest.
About you?
Mmhmm, you assumed I needed
protecting from my client.
And that forcing Victor to
give me an insincere apology
was somehow showing me respect.
No, no, that's not what I-
Iris:
I don't need you to run
interference for me.
Look, I get it,
but it wasn't about you,
the guy just made me angry.
Iris: Then be angry.
But just let me do my job.
Don't keep me out of meetings,
and don't get in between
me and my client.
It's condescending.
I didn't realize that
was what I was doing.
Why didn't you say something?
Iris: Because, Reggie,
sometimes it's just less
exhausting to fend off
the straight up
bigots like Victor,
than to educate well-meaning
white guys like yourself.
Well I apologize, sincerely.
And Reggie,
the next time two of us
have a conversation
and one of us says
something is racist,
who do you think is the
expert in that scenario?
Not me?
Now you may buy me a drink.
[uptempo rock music]
Iris: Thank you.
♪ My mind's been dancin'
♪ Like a wheel-
Doug: Congrats.
[uptempo rock music]
Marcie: Thanks.
Doug: Marcie,
we are celebrating,
so let's celebrate.
Why did I push so hard?
Doug: What do you mean?
The apology.
I knew how much it
mattered to Cheryl.
You were fighting
for your client.
I just, I couldn't
understand the idea
that this system could
defeat someone so strong
and so decent.
Doug:
But for Cheryl the defeat
wasn't about time served.
It would've been in the apology.
I thought about what you
said last night in the prison,
and the different
kinds of freedoms.
Mm.
Marcie:
I was always taught
the way you get free
is you work your way
into the system
and then you be better
at it than everyone else.
To take it over.
To make it yours.
I was taught
something different,
that the system wants
to make us disappear.
And we can't let it.
[dramatic instrumental]
♪♪