Jury Selection ProcessJury Selection Process

Role of the JuryRole of the Jury Juries are fundamental to the Canadian

justice system. In a criminal trial, 12 people are chosen at

random to decide the fate of the accused. These people are not experts in the law, nor

are they familiar with the court setting. They are asked to pay attention to the trial

and the instructions of the judge, to deliberate in secret and return a verdict for which they are not required to give any reasons

Qualifications Qualifications

1. Be 18 years of age or older2. Be a Canadian Citizen3. Be able to hear the trial

proceedings

ExemptionsExemptions

The following people are automatically exempt from jury duty:

Anyone who has been convicted of a crime and sentenced to two or more years in prison

Anyone who has attended or is attending a law school Anyone who works in the administration of justice (for

example, a police officer or an employee of the provincial or federal departments of Justice)

A Member of the House of Commons, the Senate, the House of Assembly or the Lieutenant Governor

An officer or non-commissioned member of the reserve Armed Forces on active service or an officer and non-commissioned member of the regular Armed Forces and special Armed Forces.

Application to be Excused Application to be Excused From Jury Duty From Jury Duty

You may apply to be excused from jury duty if you feel that serving on jury duty may cause you undue hardship.

THINK ABOUT IT Considering that jury duty is an

unpaid leave from work, who do you think generally makes a jury?

Is this fair?

The ProcessThe Process

1. A jury panel is chosen at random from the Health Registration list

2. The accused is brought in front of the Judge and jury panel for arraignment to enter a plea (guilty or not guilty)

3. If the plea is not guilty, the jury selection process begins.

The Process con’tThe Process con’t

1. The names of the people on the jury panel are put in a box

2. The names are picked out of the box and the chosen goes to the front of the court

3. The Crown and the Defence have an opportunity to question the potential juror

Challenge for CauseChallenge for Cause

Either counsel may exclude someone from a jury if they believe the potential juror:

Has already formed an opinion on the case

Is physically unable to perform the duties of a juror

Has been convicted of a serious offence

Each side is allowed an unlimited number of challenges for cause

Peremptory ChallengePeremptory Challenge The right of the Crown or the defence to

exclude someone from a jury without providing a reason

In a serious case, each side may use 20 of these challenges

THINK ABOUT IT The peremptory challenge is one way for

the accused to exert some control over the make-up of the jury. Should the defence therefore be allowed more peremptory challenges than the Crown?

Juror’s OathJuror’s Oath

When the selection process is completed, the Court Clerk will swear in the 12 jurors.

The Juror’s Oath: “I swear to well and truly try and true

Deliverance make between our sovereign the Queen and the accused at the bar, whom I have in charge, and a true verdict give, according to the evidence, so help me God.”