Example Jury Selection Instructions: Difference between revisions
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==Introduction and Selection Process Instructions For Jury Panels== | ==Introduction and Selection Process Instructions For Jury Panels== | ||
=== | ===Instroduction=== | ||
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For more details on the exact number of jurors selected, see s. 631(2.2). | For more details on the exact number of jurors selected, see s. 631(2.2). | ||
See also Watt's Preliminary 1 | |||
{{reflist|2}} | {{reflist|2}} | ||
==General Exemptions== | ==General Exemptions== | ||
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1.7 Ability to Hear | |||
:(Last revised March 2011) | |||
:[1] All jurors must be able to hear what is said in the courtroom. If you have difficulty hearing, please come forward. | |||
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1.8 Understanding the Language of the Trial | 1.8 Understanding the Language of the Trial | ||
:(Last revised March 2011) | |||
(Last revised March 2011) | |||
[1] All jurors must be able to read and understand the language that will be used in the trial. In this case, witnesses will testify and others involved in the case will speak in English/French. Documents written in English/French may be made exhibits. | :[1] All jurors must be able to read and understand the language that will be used in the trial. In this case, witnesses will testify and others involved in the case will speak in English/French. Documents written in English/French may be made exhibits. | ||
[2] If you have difficulty reading or understanding English/French, please come forward. | :[2] If you have difficulty reading or understanding English/French, please come forward. | ||
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1.9 Juror Health | 1.9 Juror Health | ||
(Last revised March 2011) | :(Last revised March 2011) | ||
[1] The lawyers estimate that this trial will last about (specify) but, in reality, nobody knows for sure. It depends on many things. As a general rule, jurors sit each day, from Monday to Friday, from (specify time) to (specify time), with a morning, (and) lunch (and afternoon) break (or, specify). There might be a need to vary this schedule, depending on how the trial unfolds. | :[1] The lawyers estimate that this trial will last about (specify) but, in reality, nobody knows for sure. It depends on many things. As a general rule, jurors sit each day, from Monday to Friday, from (specify time) to (specify time), with a morning, (and) lunch (and afternoon) break (or, specify). There might be a need to vary this schedule, depending on how the trial unfolds. | ||
[2] Some of you might have health problems that require medical or other treatment. This might make it difficult for you to serve as a juror. | :[2] Some of you might have health problems that require medical or other treatment. This might make it difficult for you to serve as a juror. | ||
[3] We do not wish to embarrass anyone by asking about personal matters. But if you have a health problem, or if you are in a treatment or therapy program that might prevent you from serving as a juror, please come forward. | :[3] We do not wish to embarrass anyone by asking about personal matters. But if you have a health problem, or if you are in a treatment or therapy program that might prevent you from serving as a juror, please come forward. | ||
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1.10 Personal Hardship | 1.10 Personal Hardship | ||
(Last revised March 2011) | :(Last revised March 2011) | ||
[1] Jury service is the most important role that citizens can play in the administration of justice in Canada, and it is the duty of citizens to serve as jurors from time to time. Most people chosen as jurors find jury duty a valuable experience, one that gives them a chance to play a direct part in the administration of justice in their community. If you are selected, jury service will require changes to your daily routine of work, family, religion, education, or leisure activities. | :[1] Jury service is the most important role that citizens can play in the administration of justice in Canada, and it is the duty of citizens to serve as jurors from time to time. Most people chosen as jurors find jury duty a valuable experience, one that gives them a chance to play a direct part in the administration of justice in their community. If you are selected, jury service will require changes to your daily routine of work, family, religion, education, or leisure activities. | ||
[2] In some cases, jury service may cause exceptional personal, financial or other hardship. If this applies to you, please come forward. | :[2] In some cases, jury service may cause exceptional personal, financial or other hardship. If this applies to you, please come forward. | ||
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An instruction that explains how to assess whether the potential juror may be disqualified for familiarity with persons in the trial should include:<ref> | An instruction that explains how to assess whether the potential juror may be disqualified for familiarity with persons in the trial should include:<ref> | ||
see {{ | see {{CanLIIRx|Corbière|gvddw|2016 ONSC 6820 (CanLII)}}{{atL|gvddw|7}} re citation to Watt's manual on the topic | ||
</ref> | </ref> | ||
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The question is whether the use of the word “shall” in s. 635(1) requires that counsel be called upon to indicate, for each prospective juror, whether there is a challenge for cause under s. 638 of the Code. Or does it suffice for counsel to simply advise if and when any such challenge arises? Does the prospective juror look at the accused and the accused look at the juror as in the past? Does that serve any purpose in the absence of peremptory challenges? Do counsel have the right to make submissions on whether a prospective juror is stood aside? The precise parameters of counsel’s participation in the new process have yet to be determined. We anticipate that case law will develop as cases unfold, and we will update these instructions accordingly. | The question is whether the use of the word “shall” in s. 635(1) requires that counsel be called upon to indicate, for each prospective juror, whether there is a challenge for cause under s. 638 of the Code. Or does it suffice for counsel to simply advise if and when any such challenge arises? Does the prospective juror look at the accused and the accused look at the juror as in the past? Does that serve any purpose in the absence of peremptory challenges? Do counsel have the right to make submissions on whether a prospective juror is stood aside? The precise parameters of counsel’s participation in the new process have yet to be determined. We anticipate that case law will develop as cases unfold, and we will update these instructions accordingly. | ||
[3] The law is clear that a challenge for cause relating to partiality must be based “on a ground sufficiently articulated in the application” that there is in the case of some potential jurors a “realistic potential for . . . partiality” (R | [3] The law is clear that a challenge for cause relating to partiality must be based “on a ground sufficiently articulated in the application” that there is in the case of some potential jurors a “realistic potential for . . . partiality” (R v Sherratt, 1991 CanLII 86 (SCC), [1991] 1 SCR 509, at p. 536). Where the issue is partiality, the application will likely be aimed at the jury panel as a whole, based on such factors as the race of the accused or pre-trial publicity. The law does not presently contemplate individual challenges for cause based on partiality. If a prospective juror presents with obvious partiality (such as knowledge of participants), the prospective juror may be excused under s. 632 of the Code. | ||
Other bases for challenge for cause concern citizenship, criminal convictions, physical ability, and facility with language (s. 638). It is conceivable that an individual juror might be challenged on one of these bases, though such events would likely be rare. Therefore, while this instruction refers to the possibility of an individual challenge for cause, we do not contemplate that this will be a common occurrence. | Other bases for challenge for cause concern citizenship, criminal convictions, physical ability, and facility with language (s. 638). It is conceivable that an individual juror might be challenged on one of these bases, though such events would likely be rare. Therefore, while this instruction refers to the possibility of an individual challenge for cause, we do not contemplate that this will be a common occurrence. | ||
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2.5 Concluding Instructions to Jury Panel | 2.5 Concluding Instructions to Jury Panel | ||
Note[1] | :Note[1] | ||
[1] | :(Last revised June 2012) | ||
:[1] Jury selection will continue until twelve jurors[2] [and (one to two) alternates] have been chosen. Then we will take a short break. Court staff will show you to the jury room. At that time, you may contact your families and employers to tell them you were selected as a juror. We will then continue the trial (or specify). | |||
[2] These instructions will have to be modified if an order is made pursuant to s. 631(2.2) of the Criminal Code for the selection of thirteen/fourteen jurors. | :[1] This may have to be modified in situations where the trial is delayed by preliminary motions. | ||
:[2] These instructions will have to be modified if an order is made pursuant to s. 631(2.2) of the Criminal Code for the selection of thirteen/fourteen jurors. | |||
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