Steering Committee on Justice Efficiencies and Access to the Justice System

Report on Jury Reform

May 2009

[ Next Page ]

Table of Contents

• Executive Summary: List of Recommendations
• I - Context
• II - Methodology
  • 2.1 Consultation
  • 2.2 Selection of themes for examination

• III - Options, Discussions and Recommendations

  • 3.1 The right to jury trial
    • 3.1.1 Encourage the creation of hybrid offences and review the time limitation for prosecuting summary conviction offences
    • 3.1.2 At the initial election, allow trial by superior court judge alone for s. 469 Cr.C. offences and provide for the three choices at the initial election on direct indictments
    • 3.1.3 Extend the absolute jurisdiction of provincial court judges to all offences punishable by less than 5 years' imprisonment or create a new absolute jurisdiction for superior court judges
    • 3.1.4 Create a procedure that would remove the right to jury trial on the filing of a notice that the Crown will seek a sentence of less than 5 years' imprisonment
    • 3.1.5 Create an exception to the right to trial by jury for certain offences relating to threats, violence, intimidation or corruption of a justice system participant for the purpose of influencing the course of justice

  • 3.2 The conditions in which jurors perform their duties

    • 3.2.1 The safety of jurors: anonymity
      • 3.2.1.1 Examine various orders made by judges under their inherent powers to complete the measures provided for in ss. 631(3.1) and 631(6) C.Cr., identify best practices and use them as a basis to make legislative amendments, to make rules of court or to develop model orders
      • 3.2.1.2 Assess the advisability of systematically restricting access to information about jurors in all trials by following best practices, which could necessitate new amendments to section 631
      • 3.2.1.3 Dissociate the publication ban under s. 631(6) from the order under s. 636(3.1) Cr.C.
      • 3.2.1.4 Assess the necessity and/or advisability of providing for other more exceptional measures that could be ordered by judges to protect jury anonymity, such as the use of a screen
    • 3.2.2 Jury compensation and accommodations

  • 3.3 Jury selection

    • 3.3.1 Procedure for exemptions
    • 3.3.2 The procedure for challenges for cause

  • 3.4 Jury instructions

    • 3.4.1 Model instructions
    • 3.4.2 Other judge-jury relations

  • 3.5 Issues related to jury deliberations

    • 3.5.1 Mandatory sequestration of juries during deliberation
    • 3.5.2 Publication of information by the media during deliberation
    • 3.5.3 Confidentiality of deliberation

[ Next Page ]