Jury Selection: Difference between revisions
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{{LevelZero}}{{HeaderJurySelection}} | {{LevelZero}}{{HeaderJurySelection}} | ||
==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.), per L'Heureux-Dube J, at para 57<br> | R v Sherratt, [1991] 1 SCR 509, [http://canlii.ca/t/1fslt 1991 CanLII 86] (SCC), (1991), 63 CCC (3d) 192 (S.C.C.), per L'Heureux-Dube J, at para 57<br> | ||
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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> | ||
Sherratt{{supra}} at para 35<br> | Sherratt{{supra}} at para 35<br> | ||
</ref> | |||
It is from the "panel" that a "petit jury" of usually 12 persons is selected. It is the "petit" jury that will be the group who are the finders-of-fact for a particular case.<Ref> | |||
R v Pan, [http://canlii.ca/t/gfm83 2014 ONSC 1393] (CanLII), at paras 34 to 37<Br> | |||
</ref> | </ref> | ||
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{{reflist|2}} | {{reflist|2}} | ||
==Topics== | ==Topics== | ||
* [[Juror Eligibility]] | * [[Juror Eligibility]] | ||
Revision as of 09:03, 4 March 2018
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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]
It is from the "panel" that a "petit jury" of usually 12 persons is selected. It is the "petit" jury that will be the group who are the finders-of-fact for a particular case.[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 at para 40
- ↑
Sherratt, supra at para 35
- ↑
R v Pan, 2014 ONSC 1393 (CanLII), at paras 34 to 37
- ↑ R v Barrow, 1987 CanLII 11 (SCC), [1987] 2 SCR 694 at p. 714
- ↑ R v Barnes 1999 CanLII 3782 (ON CA), (1999), 46 OR (3d) 116 at para 30, 138 CCC (3d) 500 (CA)