ch 7 - Juries.docx - Jury Selection in Canada The Cases...

Jury Selection in Canada
The Cases Heard by Juries
 Media coverage may distort perceptions of the frequency of trials heard by juries
o Only some types of offences can proceed with jury trials
 Canada: relative to the total # of trials that take place, only a few are tried by jury
o Remainder of trials are heard and ruled on by judges alone
 3 types of offences in Canada:
1. Summary offences
2. Indictable offences
3. Hybrid offences
 Summary offences involve a sentence of fewer than 6 months in prison and a fine of less than
$2000
o Summary offences are tried by judge alone
o The defendant charged with a summary offence doesn’t have a right to a trial by jury
 For some offences, the maximum sentence is 18 months
 Hybrid offences – cross between indictable offences and summary offences
o Maximum sentence is 5+ years in prison if they proceed by indictment
o If the Crown proceeds summarily, the maximum penalty is 6 months, or 18 months in
some cases (Sexual assault)
o Up to the Crown attorney to decide whether to proceed with the case as an indictable
offence or a summary offence
o If the crown opts for a summary offence, the case is tried by judge alone and the
defendant doesn’t have the right to a jury trial
Indictable offences
1. Less serious indictable offences are heard by a judge sitting alone
a. Found in section 553 of the Criminal Code
b. Include theft (other than theft of cattle), obtaining money/property by false pretences,
failure to comply with a probation order
2. Highly serious indictable offences must be tried by judge and jury
a. Include treason, murder, piracy
b. Exception under section 473 of the Criminal Code: if the attorney general and the
accused agree, the trial can proceed without a jury and the judge alone tries the case
3. For some indictable offences , the accused can choose whether the trial proceeds by judge and jury
or judge alone
a. These are the indictable offences not listed in section 554 or 469 of the Criminal Code (
b. e.g., robbery, sexual assault with a weapon, arson
c. the defendant has the option to choose:
i. to be tried by the provincial or territorial court judge without a jury and without
having had a preliminary inquiry
ii. to have a preliminary inquiry and to be tried by a judge without a jury
iii. to have a preliminary inquiry and to be tried by a judge and a jury
d. if a defendant doesn’t choose, they will have a preliminary inquiry and be a judge and a
jury
Jury Selection

 juries act – provincial and territorial legislation that outlines the eligibility criteria for jury service
and how prospective jurors must be selected
 jury summons – court order that states a time and place to go for jury duty
 although legislation varies across jurisdictions, there are a # of commonalities
 differences in eligibility criteria across jurisdictions: minimum age to be a juror (18 in ON, 19 in
BC) and the professions (lawyer, police officer) that keep individuals exempt from jury duty
 receiving a jury summons doesn’t guarantee that you will be a juror  means that you are
expected to show up (at the courthouse) prepared to be a juror
 if you ignore a summons and don’t show up, you may incur a severe legal penalty (a fine, jail
time)
 Canada: criminal trials have 12-person juries
 If you are selected from the juror pool, you will be a juror unless one of the lawyers presents a
challenge
 2 types of challenges lawyers can use to reject a potential juror: