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The arguments stem from Newborn’s 2012 deadly attack of John Hollar.

Hollar, 29, was the victim of an unprovoked assault on a light rail transit train in Edmonton, captured on video by the train’s security system. Newborn punched, kicked and eventually stomped on Hollar as he lay motionless on the floor of the train as it travelled through two station stops. He died in hospital two days later.

Newborn offered a guilty plea to manslaughter but pleaded not guilty to second-degree murder. The Crown did not accept the plea and proceeded to trial.

Newborn was described as having a significant intellectual disability and drug and alcohol addictions. He is also Aboriginal, an Alexander First Nation band member.

The composition of his jury was an issue from the start.

Just as his 2014 trial was set to begin, his lawyer asked Newborn’s mother to walk around the area where the jury pool was gathering and see how many appeared to be Aboriginal. She reported back that none did.

Renouf alerted the judge that none of the approximately 180 people in the jury pool appeared to be Aboriginal and was granted an adjournment to appeal this disparity.

He demanded disclosure from the government of internal communications regarding Aboriginal representation on juries in Alberta and Judge Brian Burrows ordered its release, except for 90 documents protected by solicitor-client privilege.

Burrows described the undisclosed documents as communications among Crown lawyers in other proceedings “where issues similar” to Newborn’s complaint were litigated, and “legal opinions or legal assistance provided by Crown lawyers in the context of proposed legislative amendments.”