Steering Committee on Justice Efficiencies and Access to the Justice System
Report on Jury Reform
May 2009
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Table of Contents
- Executive Summary: List of Recommendations
- I - Context
- II - Methodology
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
- 3.2.1 The safety of jurors: anonymity
3.3 Jury selection
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- 3.4.1 Model instructions
- 3.4.2 Other judge-jury relations
- 3.1 The right to jury trial
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