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 (S.C.C.) | R v Sherratt, [1991] 1 SCR 509, [http://canlii.ca/t/1fslt 1991 CanLII 86] (SCC), (1991), 63 CCC (3d) 192 (S.C.C.){{perSCC|L'Heureux-Dube J}}, at para 57<br> | ||
R v Douse, [http://canlii.ca/t/24ck7 2009 CanLII 34990] at para 40<br> | R v Douse, [http://canlii.ca/t/24ck7 2009 CanLII 34990] (ONSC){{perONSC|Durno J}} at para 40<br> | ||
</ref> | </ref> | ||
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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), at paras 34 to 37<Br> | R v Pan, [http://canlii.ca/t/gfm83 2014 ONSC 1393] (CanLII){{perONSC|Boswell J}}, at paras 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 at p. 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}} at p. 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 at para 30, 138 CCC (3d) 500 (CA)</ref> | R v Barnes [http://canlii.ca/t/1f9r8 1999 CanLII 3782] (ON CA), (1999), 46 OR (3d) 116 at para 30, 138 CCC (3d) 500 (CA){{perONCA|Moldaver JA}}</ref> | ||
{{reflist|2}} | {{reflist|2}} | ||
Revision as of 20:48, 28 November 2018
- < Procedure and Practice
- < Trials
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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 (S.C.C.), 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