The jury system emerges as one of the most fundamental institutions in Canada's criminal justice system. Under the Canadian Charter of Rights and Freedoms, every person owns the right to be tried by a jury of their peers. The jury is perceived as an impartial way of figuring out whether or not the accused person is guilty.
In the trial of a criminal allegation, the jury is composed of 12 individuals known as "jurors". Jurors are chosen from the population at random. To qualify for jury selection, an individual should be a Canadian citizen over the age of 19.
However, disqualification from serving as a juror occurs if the individual is a police officer, a lawyer, a trustee in bankruptcy, an employee of the Ministry of the Attorney General, or if the individual has been convicted of certain criminal offences within the last five years. In addition, individuals may also be exempted from jury duty if they fulfill certain qualifications such as being a student or suffering from a health condition that impairs their ability to serve as a juror.
Exemptions are determined on a case-by-case basis, after which jurors undergo a "jury selection process". In this process, the Crown Attorney and the accused individual's criminal defence lawyer may ask jurors specific questions. Thus, lawyers have the authority to either approve the person for the jury or "challenge" their presence on the jury, barring them from being selected to sit on the jury.
The jury, made up of twelve members, swears to deliver an impartial verdict regarding whether an individual is guilty or not guilty of a crime. The jury bears the responsibility of determining all questions of fact, for instance, “Was the defendant in a certain location at a particular time” or “Did the defendant in fact hit the victim”? Meanwhile, the judge retains the duty of determining questions of law such as “Is the defence of self-defence available to the accused under these circumstances” or "What behaviour qualifies as negligence under the law". The judge instructs the jury on issues of law, and the jury attempts to determine the actual events that occurred and whether they brought about the alleged offence.
The jury listens to all the evidence against the accused and makes a decision on the matter. They stay in the courtroom when admissible evidence is being presented, listen to witness testimonies, view physical evidence, and receive legal instructions from the judge. At the conclusion of the trial, the jury is secluded in a room to deliberate their verdict. Finally, the jury must reach a unanimous verdict. In situations where the jury fails to reach a unanimous verdict, it's referred to as a “hung jury". In such cases, a mistrial is declared, and the case may be retried before a new jury. In all other cases, the jury delivers a verdict of “guilty” or “not guilty”.
The important thing to note is that a person is never deemed “innocent” of a crime; the jury simply concludes that there's not enough evidence to declare the person guilty and hence, render a verdict of “not guilty”.
During the trial, jurors should avoid learning about the trial from outside sources such as the media, family, or friends. Also, they're not permitted to conduct their own investigation into the crime by speaking to witnesses or collecting evidence outside of the courtroom. The case must be decided based on the facts presented during the trial. The duty to adhere strictly to this principle is heightened during the deliberation process.
While deliberating, the jury cannot interact with anyone other than the other jurors. They are cut off from the media and can't even call family or friends until a verdict has been agreed upon. Speaking with the accused individual, the Crown Attorney, the criminal defence lawyer, or the judge is not permitted. If they do breach this rule, it is considered a reversible error that may necessitate a retrial ordered by the court of appeal.
Furthermore, jurors in Canada have a legal obligation to keep the contents of their deliberations confidential. Disclosure of other jurors' viewpoints, or anything that was discussed in private, is not allowed even after the final verdict is given. It's worth noting that this differs from the United States, where jurors can discuss the contents of their deliberation after the verdict is announced.
In Canada, a juror who discloses such information could be charged with contempt of court, a criminal offence. The jury is led by a "head juror", also known as the "foreman", who is typically chosen before the start of deliberations. The foreman is entrusted with the task of asking questions on behalf of the jury and requesting clarification on points of law from the judge. Once the jury completes its deliberation, the foreman is responsible for reading the verdict in open court.
Every Canadian accused of an indictable offence that has a maximum penalty of five or more years of imprisonment holds the right to choose to be tried by a jury. The process of opting to be tried by a jury is referred to as an "election". It's important to note that choosing to be tried by a jury is a personal decision that should be discussed with a criminal defense lawyer before making a formal election. Place your trust in Kostman and Pyzer, Barristers should you require a criminal lawyer in Toronto.