THE TRIAL IN CANADIAN COURTS – Part 1 LAW 12 MUNDY

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

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

TRIAL SYSTEM Serious 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 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

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

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)

JURIES AND JURY SELECTION STEPS 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 SELECTION STEPS INVOLVED, cont’d: 5. Defence and Crown challenge the prospective jurors – three types: i.Challenge the jury list ii.Challenge for cause iii.Peremptory Challenge

JURIES AND JURY SELECTION 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 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 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 1 st 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 6. 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 SELECTION 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.)

JURIES AND JURY SELECTION 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 th 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: y_duty_english.htm y_duty_english.htm