This memorandum addresses procedures in challenges for cause in criminal jury trials in the Court of Queen’s Bench of Alberta. It provides background of the process to jury selection in criminal cases. Accuseds have both statutory and constitutional rights to jury trials. Both the Crown and the accused are entitled to trials before fair and impartial jury members. The Criminal Code has established a number of procedures, including challenges for cause on the grounds that a prospective juror is not indifferent between the accused and the Queen. The challenge for cause procedure has two stages. First, the party must satisfy the trial judge that there is a realistic possibility that prospective jurors are partial, and that they cannot set aside their partiality in order to judge impartially – their oath and the judge’s directions would be insufficient. The party makes out this case on the basis of evidence and/or judicial notice. Second, if the judge finds that there is a realistic possibility of partiality, each prospective juror is questioned before two “triers” (two prospective jurors or jurors who have already been sworn). The triers decide, on the balance of probabilities, whether the challenged juror is partial or impartial. The Criminal Code provides very little guidance for challenging cause procedures. The Committee offers two main proposals: First, a standard notice of intention to challenge for cause should be developed. This document would be filed and served along with supporting documentation. Second, the notice should be filed and served at least 60 days before the date set for jury selection. The Committee makes some modest proposals respecting procedure before the judge and before the triers, and respecting courtroom bookings and the establishment of special panels if there are challenges for cause.
Consultation Memoranda
Back to Publication SearchRules: Criminal Jury Trials: Challenge for Cause Procedures, Consultation Memorandum 12.20
Resource Details
Publication No: | 12.20 |
FORMAT: | Publications |
TAGS: | Appeal, Court, evidence, Limitation, Practice, Rule, Service, Substantive, Validity |
FILE: | cm01220.pdf |