THE TRIAL IN CANADIAN
COURTS – Part 1
LAW 12
MUNDY - 2008
TRIAL SYSTEM
Canada’s system of trials is called the
ADVERSARIAL SYSTEM, for it involves
two opposing sides:
 1. the Crown – representing society
 2. the defence – representing the accused
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TRIAL SYSTEM
For serious indictable offences tried in
the Supreme Court of BC, both a judge
and jury is used (or accused may choose jury
or judge, depending on severity of crime,
usually in BC Provincial Court)
 For summary offences tried in BC Trial
Courts, only a judge is used
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TRIAL SYSTEM
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Serious indictable offences (for Supreme
Court of BC) that require a trial by jury
include:
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Murder
Accessory to murder or treason
Treason
Sedition
Piracy
Mutiny
JURIES AND JURY SELECTION
ADVANTAGES OF TRIAL BY JURY:
 Lawyer only needs to persuade one of the
jurors, as a conviction requires unanimous
decision by jury
 Juries do not know of case precedent, so
would decide based on social values at
the time
 Juries may empathise with the accused
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JURIES AND JURY SELECTION
ADVANTAGES OF TRIAL BY JUDGE
 Jury might be prejudiced against accused
 Jury might be swayed by lawyers’
arguments alone (not facts of case)
 Jury finds technical legal details hard to
understand, yet must follow them when
making decision of guilt
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JURIES AND JURY SELECTION
EMPANELLING = selection of jurors
 STEPS INVOLVED:
1. List of possible jurors collected from BC
voters list
2. Jury Panel randomly selects at least 75
possible jurors from list
3. People chosen in step 2 are summoned to
court (failure to do so results in warrant
and charges)
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JURIES AND JURY SELECTION
STEPS INVOLVED, cont’d:
4. Prospective jurors are called one at a time,
wherein judge exempts those who:
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Have a relationship with a participant in trial
Have a personal interest in the trial
Have a personal hardship
JURIES AND JURY SELECTION
STEPS INVOLVED, cont’d:
5. Defence and Crown challenge the
prospective jurors – three types:
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i. Challenge the jury list
ii. Challenge for cause
iii. Peremptory Challenge
JURIES AND JURY SELECTION
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Challenging the jury list:
◦ General challenge in which either side
(defence or Crown) can use
◦ Must show that Jury Panel was impartial or
fraudulent in its selection of prospective
jurors on list
◦ Ex. – if almost all on list are women or people
over forty or missing one ethnicity
JURIES AND JURY SELECTION
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Challenge for cause:
◦ Must show that a prospective juror does not
meet requirements for jury duty
◦ Ex. – not on jury list; exempted; juror has
formed an opinion against accused prior to
trial, etc.
◦ No limit to number of challenges for cause
that can be made by either side
JURIES AND JURY SELECTION
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Peremptory challenge:
◦ Either side may use this to challenge a
prospective juror without need for reasons
◦ # of uses by each side depends on severity of
charges:
 20 challenges for 1st degree murder and treason
 12 challenges for crimes with penalties over 5 years
 4 challenge for crimes with penalties under 5 years
JURIES AND JURY SELECTION
If no suitable number of jurors found
from candidates chosen from jury list:
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Judge may order to have more chosen
randomly from jury list
Judge may also have sheriff pull prospective
jurors from off the street
JURIES AND JURY SELECTION
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Jury Duties and Rules include:
◦ Swearing in and taking seat in jury box
◦ Listening to evidence to consider a verdict
◦ Must not discuss case (including evidence,
testimony and discussions with jurors in and
out of court) with anyone other than other
jurors in case
◦ Jurors are allowed to go home after each day,
except when ordered to be sequestered
JURIES AND JURY SELECTION
SEQUESTERING =
 Comes from order by judge
 Jury must remain isolated from members
of public, through accommodation &
meals, for duration of trial
 Purpose is to ensure that jury is not
influenced by outside opinions or
information (media, friends, etc.)
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JURIES AND JURY SELECTION
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Other jury Duties and Rules include:
◦ Juror may be excused during trial for valid
reasons
◦ Number of jurors cannot fall below 10, or
else new trial is ordered
◦ Jurors are entitled to token payment for
services:
 $20/day for first 10 days
 $60/day for 11-49th days
 $100/day for 50+ days
JURIES AND JURY SELECTION
For more information on juries and jury
selection in BC’s courts, head to the
following web page:
 http://www.ag.gov.bc.ca/courts/general/jur
y_duty_english.htm
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