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The jury system is one of the most fundamental institutions in Canada's criminal justice system. Under the Canadian Charter of Rights and Freedoms, every person has the right to be tried by a jury of their peers. The jury serves as an impartial body that ensures the verdict is based on a collective and unbiased assessment of the evidence presented during a trial.
This article explores the composition, selection, duties, and responsibilities of jurors, as well as the rights and obligations of individuals opting for a jury trial in Canada.
A jury is an essential component of the criminal justice system, providing a mechanism for ordinary citizens to participate in the legal process. This involvement helps ensure that community values and standards are reflected in the administration of justice. The jury is responsible for determining the guilt or innocence of an accused individual based on the evidence presented in court. This system underscores the democratic principle that a person should be judged by a group of their peers, contributing to public confidence in the justice process.
To qualify for jury selection, an individual must be a Canadian citizen over the age of 19. Certain individuals are disqualified from serving as jurors, including police officers, lawyers, trustees in bankruptcy, employees of the Ministry of the Attorney General, and those who have been convicted of certain criminal offences within the last five years. These disqualifications help maintain the impartiality of the jury by excluding those who might have conflicts of interest or biases due to their professional background or criminal history.
Exemptions from jury duty are granted on a case-by-case basis. Common exemptions include students, individuals with health conditions that impair their ability to serve, and those who have essential caregiving responsibilities. The exemption process ensures that jury service does not impose undue hardship on individuals while still maintaining a pool of potential jurors that is representative of the community.
During the jury selection process, potential jurors are randomly selected from the population. These individuals undergo a vetting process where the Crown Attorney and the defence lawyer ask specific questions to determine their suitability for the case. This questioning aims to identify any biases or preconceptions that might affect a juror’s impartiality. Lawyers on both sides have the authority to approve potential jurors or challenge their presence, in which case they will not be selected to sit on the jury. This process, known as "voir dire," ensures that the final jury is fair and unbiased.
Once selected, jurors are sworn in and take an oath to deliver an impartial verdict based solely on the evidence presented in court. They must determine all questions of fact, such as whether the defendant was at a certain location at a particular time or if the defendant committed the alleged act. The judge, on the other hand, is responsible for determining questions of law, such as the applicability of self-defence or the legal definition of negligence.
The distinction between questions of fact and questions of law is crucial in a criminal trial. Questions of fact involve the actual events that transpired and whether they give rise to the alleged offence. Jurors listen to witness testimonies, view physical evidence, and consider all admissible information presented during the trial. Questions of law, determined by the judge, include the interpretation of legal principles and the application of those principles to the facts of the case. The judge provides instructions to the jury on these legal matters, guiding them in their deliberations.
The judge’s role is to ensure that the trial proceeds according to legal standards and that the rights of both the defendant and the prosecution are protected. The judge oversees the presentation of evidence, rules on objections, and provides the jury with legal instructions. The jury, in turn, assesses the credibility of witnesses, weighs the evidence, and ultimately determines whether the prosecution has met its burden of proving the defendant’s guilt beyond a reasonable doubt.
At the conclusion of the trial, the jury is sequestered in a private room to deliberate their verdict. During this time, jurors discuss the evidence, consider the legal instructions provided by the judge, and work towards reaching a unanimous decision. The deliberation process is confidential, and jurors are not allowed to communicate with anyone outside the jury room. They must rely solely on the evidence presented in court and the judge’s instructions.
For a verdict to be rendered, it must be unanimous. This requirement underscores the seriousness of the decision and ensures that all jurors are convinced of the defendant’s guilt or innocence. If the jury cannot reach a unanimous verdict, it is referred to as a "hung jury." In such cases, a mistrial is declared, and the case may be retried with a new jury. If a unanimous decision is reached, the foreman, who acts as the leader of the jury, reads the verdict in open court.
It is important to note that a jury can only render a verdict of "guilty" or "not guilty." A "not guilty" verdict does not imply that the defendant is innocent; rather, it indicates that the prosecution failed to prove the defendant’s guilt beyond a reasonable doubt. This distinction is fundamental to the presumption of innocence, which is a cornerstone of the criminal justice system.
Jurors have a duty to remain impartial and avoid any external influences during the trial. They must not discuss the case with anyone outside the jury, including family, friends, or the media. Jurors are also prohibited from conducting their own investigations or seeking additional information about the case outside the courtroom. This restriction ensures that the verdict is based solely on the evidence presented during the trial.
During deliberation, jurors are isolated from outside communication to maintain the integrity of their discussions. They cannot access media reports, speak with family or friends, or communicate with the parties involved in the trial. Breaching these rules is considered a reversible error and can result in a mistrial or an appeal. Jurors are also legally obligated to keep the contents of their deliberations confidential even after the trial concludes. Unlike in the United States, where jurors can discuss their deliberations post-verdict, Canadian jurors face contempt of court charges if they disclose such information.
The foreman, chosen by the jurors before deliberations begin, leads the jury and acts as the spokesperson. The foreman asks questions on behalf of the jury, requests clarifications from the judge, and ultimately reads the verdict in open court. This role is crucial in ensuring that the jury’s deliberations are organized and that their questions and concerns are effectively communicated.
Individuals accused of indictable offences with severe penalties have the right to choose a jury trial. This process, known as an "election," allows the defendant to decide whether to be tried by a judge alone or by a jury. The decision to elect a jury trial should be made in consultation with a criminal defence lawyer, as it involves strategic considerations about the nature of the case and the potential advantages of a jury trial.
For the most serious offences, such as treason or murder, a trial by both judge and jury is mandatory unless both the defendant and the Crown Attorney agree otherwise. This requirement reflects the gravity of these charges and the need for a comprehensive and impartial assessment of the evidence by a group of peers. In cases involving less severe indictable offences, the defendant can choose to be tried by a judge alone or by a jury, depending on their preference and legal strategy.
Choosing a jury trial involves weighing several factors, including the complexity of the case, the potential for jury sympathy, and the likelihood of a fair trial. A criminal defence lawyer can provide valuable guidance in making this decision, helping the defendant understand the pros and cons of each option. The lawyer’s experience and knowledge of the legal system play a crucial role in advising the defendant on the best course of action.
Facing criminal charges is a serious matter that requires expert legal representation. Consulting an experienced criminal lawyer can ensure the best possible outcome for your case.
A skilled lawyer will navigate the complexities of the legal system, protect your rights, and build a strong defence on your behalf. Pyzer Criminal Lawyers offers comprehensive legal services and a free case evaluation to discuss your options and develop a strategic defence.
