3.12 Jury Selection
Public Prosecution Service of Canada Deskbook
Guideline of the Director Issued under Section 3(3)(c) of the Director of Public Prosecutions Act
March 1, 2014
Table of Contents
This guideline outlines the type of information that counsel may request from the police and other justice system participants with respect to prospective jurors and the ensuing disclosure obligations. These inquiries represent the maximum requests that counsel are permitted to make and should not be made, if such inquiries are conducted already by other justice system participants (e.g., sheriffs) or if it does not accord with the practices in counsel's jurisdiction.
2. Suggested Approach
Counsel may request that the police conduct Canadian Police Information Centre (CPIC) and provincial/territorial data base system checks only for the purpose of confirming whether or not the juror has:
- a conviction for which he/she was sentenced to a term of imprisonment exceeding 12 monthsFootnote 1 for which a pardon has not been received, as referred to in s. 638(1)(c) of the Criminal Code; or
- a conviction that disqualifies them under the Juror’s Act in the province or territory in which the trial will take place.
The request should be made in writing and should be specific.
Counsel will not seek out any additional information about the jurors unless so ordered or authorized by the court.
Counsel will not search or seek to have searched iCase for information about jurors.
All information sought and obtained will be disclosed to defence.
If by chance, other information does come to the knowledge of counsel, then this information must be disclosed to defence.
Any disclosure of information shall not include privileged information.
This guideline applies in all cases except where specific jurisdictional Rules of Court, Court Orders or Court Practice Directives provide otherwise.
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