THE TRIAL IN CANADIAN THE TRIAL IN CANADIAN COURTS – Part 1COURTS – Part 1LAW 12MUNDY - 2008

TRIAL SYSTEMTRIAL SYSTEMCanada’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

TRIAL SYSTEMTRIAL SYSTEMFor 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

TRIAL SYSTEMTRIAL SYSTEMSerious indictable offences (for

Supreme Court of BC) that require a trial by jury include:◦Murder◦Accessory to murder or treason◦Treason◦Sedition◦Piracy◦Mutiny

JURIES AND JURY JURIES AND JURY SELECTIONSELECTIONADVANTAGES 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

JURIES AND JURY JURIES AND JURY SELECTIONSELECTIONADVANTAGES OF TRIAL BY JUDGEJury might be prejudiced against

accusedJury 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

JURIES AND JURY JURIES AND JURY SELECTIONSELECTIONEMPANELLING = selection of jurorsSTEPS INVOLVED:1.List of possible jurors collected

from BC voters list2.Jury Panel randomly selects at

least 75 possible jurors from list3.People chosen in step 2 are

summoned to court (failure to do so results in warrant and charges)

JURIES AND JURY JURIES AND JURY SELECTIONSELECTIONSTEPS INVOLVED, cont’d:4.Prospective jurors are called one

at a time, wherein judge exempts those who:◦ Have a relationship with a

participant in trial◦ Have a personal interest in the trial◦ Have a personal hardship

JURIES AND JURY JURIES AND JURY SELECTIONSELECTIONSTEPS INVOLVED, cont’d:5.Defence and Crown challenge the

prospective jurors – three types:i. Challenge the jury listii. Challenge for causeiii. Peremptory Challenge

JURIES AND JURY JURIES AND JURY SELECTIONSELECTIONChallenging 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 JURIES AND JURY SELECTIONSELECTIONChallenge 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 JURIES AND JURY SELECTIONSELECTIONPeremptory 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 JURIES AND JURY SELECTIONSELECTION6. If no suitable number of jurors

found from candidates chosen from jury list:

◦ 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 JURIES AND JURY SELECTIONSELECTIONJury 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 JURIES AND JURY SELECTIONSELECTIONSEQUESTERING = Comes from order by judgeJury 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.)

JURIES AND JURY JURIES AND JURY SELECTIONSELECTIONOther 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 JURIES AND JURY SELECTIONSELECTIONFor 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/jury_duty_english.htm