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> | ||
{{CanLIIRP|Sherratt|1fslt|1991 CanLII 86 (SCC)| | {{CanLIIRP|Sherratt|1fslt|1991 CanLII 86 (SCC)|[1991] 1 SCR 509}}{{perSCC|L'Heureux-Dube J}}{{atL|1fslt|57}}<br> | ||
{{ | {{CanLIIRP|Douse|24ck7|2009 CanLII 34990 (ON SC)|246 CCC (3d) 227}}{{perONSC|Durno J}}{{atL|24ck7|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> | ||
{{ | {{CanLIIRx|Pan|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>{{ | Any legal errors in jury selection will require a new trial.<ReF>{{CanLIIRP|Barrow|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> | ||
{{CanLIIRP|Barnes|1f9r8|1999 CanLII 3782 (ON CA)|46 OR (3d) 116}}{{atL|1f9r8|30}}, 138 CCC (3d) 500 (CA){{perONCA|Moldaver JA}}</ref> | {{CanLIIRP|Barnes|1f9r8|1999 CanLII 3782 (ON CA)|46 OR (3d) 116}}{{atL|1f9r8|30}}, 138 CCC (3d) 500 (CA){{perONCA|Moldaver JA}}</ref> | ||
Revision as of 09:24, 24 June 2021
- < 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 CanLII 86 (SCC), [1991] 1 SCR 509, per L'Heureux-Dube J, at para 57
R v Douse, 2009 CanLII 34990 (ON SC), 246 CCC (3d) 227, 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), 46 OR (3d) 116, at para 30, 138 CCC (3d) 500 (CA), per Moldaver JA