Original subtitles

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 whoo, 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]

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, - Okay.

I'll go ask him now.

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.

[CONNER LAUGHS]

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 must've 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 them.

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.

Yeah, 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.

- JUDGE REYNOLDS: To ensure that - Challenge.

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. - N-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... 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]

[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-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]

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