Jury Selection: Difference between revisions
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==General Principles== | ==General Principles== | ||
Every person charged with a crime has a right to a fair trial before an impartial tribunal. This right includes the right to an impartial jury.<ref> | Every person charged with a crime has a right to a fair trial before an impartial tribunal. This right includes the right to an impartial jury.<ref> | ||
''R v Sherratt'', [1991] 1 SCR 509, [http://canlii.ca/t/1fslt 1991 CanLII 86] (SCC), (1991), 63 CCC (3d) 192 (SCC){{perSCC|L'Heureux-Dube J}}{{ | ''R v Sherratt'', [1991] 1 SCR 509, [http://canlii.ca/t/1fslt 1991 CanLII 86] (SCC), (1991), 63 CCC (3d) 192 (SCC){{perSCC|L'Heureux-Dube J}}{{atL|1fslt|57}}<br> | ||
''R v Douse'', [http://canlii.ca/t/24ck7 2009 CanLII 34990] (ONSC){{perONSC|Durno J}}{{ | ''R v Douse'', [http://canlii.ca/t/24ck7 2009 CanLII 34990] (ONSC){{perONSC|Durno J}}{{atL|24ck7|40}}<br> | ||
</ref> | </ref> | ||
The right to a jury is protected by s. 1(d) which guarantees the right to be tried by an "independent and impartial tribunal" and s. 11(f) which guarantees the right to a jury that is "impartial and representative".<ref> | The right to a jury is protected by s. 1(d) which guarantees the right to be tried by an "independent and impartial tribunal" and s. 11(f) which guarantees the right to a jury that is "impartial and representative".<ref> | ||
{{supra1|Sherratt}}{{ | {{supra1|Sherratt}}{{atL|1fslt|35}}<br> | ||
</ref> | </ref> | ||
A jury selected to decide a case as the trier-of-fact is formally known as a "petit jury". It usually consists of 12 persons. The petit jury is selected at random from a "jury panel" who is a group of several hundred people selected from the "jury roll".<ref> | A jury selected to decide a case as the trier-of-fact is formally known as a "petit jury". It usually consists of 12 persons. The petit jury is selected at random from a "jury panel" who is a group of several hundred people selected from the "jury roll".<ref> | ||
''R v Pan'', [http://canlii.ca/t/gfm83 2014 ONSC 1393] (CanLII){{perONSC|Boswell J}}{{ | ''R v Pan'', [http://canlii.ca/t/gfm83 2014 ONSC 1393] (CanLII){{perONSC|Boswell J}}{{atsL|gfm83|34| to 37}}<br> | ||
</ref> | </ref> | ||
Any legal errors in jury selection will require a new trial.<ReF>''R v Barrow'', [http://canlii.ca/t/1ftjh 1987 CanLII 11] (SCC), [1987] 2 SCR 694{{TheCourt}}{{atp|714}}</ref> | Any legal errors in jury selection will require a new trial.<ReF>''R v Barrow'', [http://canlii.ca/t/1ftjh 1987 CanLII 11] (SCC), [1987] 2 SCR 694{{TheCourt}}{{atp|714}}</ref> | ||
This includes errors of law by the judge or unreasonable exercise of discretion in managing the selection process.<ReF> | This includes errors of law by the judge or unreasonable exercise of discretion in managing the selection process.<ReF> | ||
''R v Barnes'', [http://canlii.ca/t/1f9r8 1999 CanLII 3782] (ON CA), (1999), 46 OR (3d) 116{{ | ''R v Barnes'', [http://canlii.ca/t/1f9r8 1999 CanLII 3782] (ON CA), (1999), 46 OR (3d) 116{{atL|1f9r8|30}}, 138 CCC (3d) 500 (CA){{perONCA|Moldaver JA}}</ref> | ||
{{reflist|2}} | {{reflist|2}} | ||
Revision as of 23:56, 21 August 2019
- < Procedure and Practice
- < Trials
- < Juries
- < Jury Selection
General Principles
Every person charged with a crime has a right to a fair trial before an impartial tribunal. This right includes the right to an impartial jury.[1]
The right to a jury is protected by s. 1(d) which guarantees the right to be tried by an "independent and impartial tribunal" and s. 11(f) which guarantees the right to a jury that is "impartial and representative".[2]
A jury selected to decide a case as the trier-of-fact is formally known as a "petit jury". It usually consists of 12 persons. The petit jury is selected at random from a "jury panel" who is a group of several hundred people selected from the "jury roll".[3]
Any legal errors in jury selection will require a new trial.[4] This includes errors of law by the judge or unreasonable exercise of discretion in managing the selection process.[5]
- ↑
R v Sherratt, [1991] 1 SCR 509, 1991 CanLII 86 (SCC), (1991), 63 CCC (3d) 192 (SCC), per L'Heureux-Dube J, at para 57
R v Douse, 2009 CanLII 34990 (ONSC), per Durno J, at para 40
- ↑
Sherratt, supra, at para 35
- ↑
R v Pan, 2014 ONSC 1393 (CanLII), per Boswell J, at paras 34 to 37
- ↑ R v Barrow, 1987 CanLII 11 (SCC), [1987] 2 SCR 694, per curiam, at p. 714
- ↑ R v Barnes, 1999 CanLII 3782 (ON CA), (1999), 46 OR (3d) 116, at para 30, 138 CCC (3d) 500 (CA), per Moldaver JA