Jury Selection and Challenges

The selection of a jury may take many days – it is called empanelling.

The Jury Selection

The process of EMPANELLING:A list of jurors for a session of court is selected;This list is computer generated;Then a committee randomly selects 75 – 100 names;These people are summoned to appear at the court

by notice – the more controversial the case, the more people called;

The prospective jurors assemble in the courtroom at the start of the trial;

A card bearing the name of each person is put into a barrel and are drawn one at a time – the person selected steps forward.

The Jury Selection

The judge may immediately exempt a person for the following reasons:

1. the person has a personal interest in the matter being tried.

2. the person has a personal relationship with the accused.

3. personal hardship.4. any other reasonable cause.

The Jury Selection

The Defence and the Crown then have the right to accept or reject jurors.

The lawyers must determine the value a prospective juror might have in a specific case.

The lawyers consider each juror`s age, gender, marital status, ethnicity, religion, financial status, occupation, etc.

The only questions lawyers can ask prospective jurors are pre-approved by the judge.

The Jury Selection

The people in the list below are automatically exempted from jury duty:

Under 18 years oldNot a Canadian citizenAn M.P.P. or M.P. or senator or municipal

councillorDoctor, nurse, warden, sheriff, prison guard –

and their spouses.Blind, or has a mental disabilityConvicted of an indictable offenceFirefighter

The Jury Selection

The Defence has the right to challenge the first juror.

After that, the Crown and the Defence alternate

The Challenges to Jury Selection

1. Challenge the Jury list:

Rarely used

Either side must show that the entire selection process was fraudulent and impartial.

(ie. The selection committee omitted all citizens of a specific ethnic group)

Three types of Challenges exist

2. Challenge for Cause:

A juror does not meet the requirements of being a juror.

A juror does not speak the language in which the case will be heard.

Three types of Challenges exist

3. Peremptory Challenge:

Allows either side to eliminate a prospective juror without reason.

Three types of Challenges exist

High Treason or First Degree Murder20 Challenges

Charge where penalty is five years or more12 Challenges

Charge where the penalty is less than four years4 Challenges

The number of Challenges is limited:

Cèst Fini!