Example Jury Selection Instructions

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Introduction and Selection Process Instructions For Jury Panels

Instructions

NJI Model Jury Instructions, 1.1:

[1] Members of the jury panel, the clerk (or registrar) has just read out the charge. (NOA) has pleaded not guilty.

[2] The lawyers estimate that the trial will take (specify) to complete. This is only an estimate. The trial could actually take more or less time than the lawyers estimate.

[3A] We will now choose (12, 13 or 14) of you as jurors, whose duty will be to consider the evidence and in the end decide whether (NOA) is guilty or not guilty. (We will also choose (one/two) alternate juror(s) in case one or more of the original twelve is unable to act when the trial starts

[3B] A jury trial normally begins with twelve jurors. However, in certain cases, the trial may begin with thirteen or fourteen jurors. Given the anticipated length of the trial, I have decided that it is in the interest of justice to select thirteen/fourteen jurors in this case. This is to ensure that a complete jury is available to deliberate.

All jurors chosen will have the duty to watch and listen to all of the proceedings.

You should be aware, however, that the law allows only twelve to deliberate, and therefore I will have to reduce the jury to twelve before deliberation by drawing numbers at random. The remaining twelve jurors will have the duty to decide whether (NOA) is guilty or not guilty.

(Last revised June 2012)
[annotation(s) added]

– NJI

For more details on the exact number of jurors selected, see s. 631(2.2).

General Exemptions

(Last revised March 2011)

[1] All jurors must be Canadian citizens. If you are not a Canadian citizen, please come forward.

–

Specific Exemptions

Familiarity with Participants

(Last revised March 2011)

[1] The charge against (NOA) is:

(Read or summarize applicable part of indictment.)

[2] Every juror must be impartial, which means that every juror must approach the trial with an open mind and without preconceived ideas. He or she must decide the case solely on the basis of the evidence at trial and the instructions on the law from (me) the trial judge.

[3] A person who has or ever had an association with anyone involved in this case might not be able to be impartial, that is, to approach the case with an open mind.

[4] If you have or ever had such an association with anyone involved in the case — for example, (NOA); Crown or defence counsel (identify by name); the witnesses, the investigating officer(s); or (me) the trial judge,[1] or if you have any doubt about it, please come forward. I am now going to ask Crown counsel to read out the names of the witnesses and investigating officers.

– NJI

An instruction that explains how to assess whether the potential juror may be disqualified for familiarity with persons in the trial should include:

Familiarity with the Case

(Last revised March 2011)

[1] This case involves (briefly describe circumstances of offence charged).

[2] If anyone has personal knowledge of the circumstances of this case, please come forward.

– NJI