Canadian Lawyer

w w w . C A N A D I A N L a w y e r m a g . c o m N O V E M B E R / D E C E M B E R 2 0 1 5 11 \ AT L A N T I C \ C E N T R A L \ W E S T REGIONAL WRAP-UP E rrors in the standard form used since 2010 to determine juror eligibility has some lawyers con- cerned improperly chosen juries could shake public confidence in the justice system. "That has the potential to undermine the public's confidence in the jury system and it raises questions about fairness of jury verdicts," says Scott Bergman of Coo- per Sandler Shime & Bergman LLP. "It's a very legitimate concern." The province's juror eligibility forms provide that for the most part, anyone with a criminal record isn't eligible for jury duty save a list of about 20 offences. That list includes several offences that the eligibility forms state are acceptable for a candidate to still be able to serve as a juror. However, three of those listed acceptable offences do in fact bar potential candidates from serv- ing, so people who have been correctly fill- ing out the form since 2010 amendments to the Juries Act may have incorrectly served as jurors. Those amendments pro- hibited those convicted of hybrid offences from serving, but in the meantime, at least three of the offences that don't automatical- ly disqualify someone have become hybrid offences: impersonating a police officer, committing an indecent act, and making indecent or repeated phone calls. Brendan Crawley, a spokesman for the Ministry of the Attorney General, says it's now taking steps to correct the errors. "We are taking immediate action to address this discrepancy and are instituting additional processes to screen out any prospective jurors who are ineligible because of this change," said Crawley. Crawley noted there are a number of steps in place to establish a jury and the questionnaire is only the first step in it. When a court proceeding requires a jury, a jury panel is randomly selected from the jury roll for the local Superior Court of Justice location, Crawley explained. At that stage, an officer is authorized to randomly conduct criminal record checks on jury panel members. If any of them have con- victions for an indictable or hybrid offence, their names are removed. "An oversight on eligibility or qualifica- tions of jurors is not a ground for over- turning a verdict," said Crawley. Bergman says that for recent jury trials, an objection during the proceedings would have to precede an appeal based on an improperly composed jury. "One of the questions would have to be was there ever any issue at the actual trial where this was raised and an objection was raised," he says. "If that was the case and the jurors remained on the jury panel, that is probably a more fruitful appeal." NEIL ETIENNE AG SAYS IT'S WORKING TO FIX ERRORS IN JUROR QUESTIONNAIRE HeneinHutchison-2_CL_Mar_15.indd 1 2015-02-09 9:58 AM What do your clients need? The means to move on. Guaranteed ™ . Baxter Structures customizes personal injury settlements into tax-free annuities that can help your clients be secure for life. Need more information? Contact us at 1 800 387 1686 or baxterstructures.com Kyla A. Baxter, CSSC PRESIDENT, BAXTER STRUCTURES Untitled-1 1 13-09-16 2:53 PM

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