Type of document: Prosecution Directive
Effective date: November 14, 2017

A jury must be independent, impartial and competent. Impartiality requires the exclusion of those persons who may have a personal interest or connection to the case. It also requires the exclusion of those persons who are unable to put aside any biases, prejudices and tentative opinions relating to the case. Impartiality is reinforced through a process of randomly selecting eligible persons from the general population for jury duty. Competency is determined by eligibility criteria set out in the Juries Act and the Criminal Code.

Serving as a juror is both a civic duty and an important opportunity to contribute to the community. It also ensures that decisions of the court are grounded in community values. The process by which eligible citizens are randomly selected for jury duty is governed by law and is described on the Ministry of Attorney General website. The random selection process promotes public confidence in the jury's verdict, and in the administration of criminal justice. It should also, to the extent possible, protect the legitimate privacy interests of prospective jurors.

It is important to protect actual impartiality and also maintain the appearance of an impartial jury during the course of a trial. The Prosecutor must seek to obtain a jury that is impartial, not a jury that is favourable to her position. The Prosecutor must not directly or indirectly communicate with any member of the jury except as permitted by law.

Juror background checks

The pool of eligible persons from which a jury can be selected in court is called the jury panel. The Prosecutor must not request criminal record checks or other background checks on members of the jury panel. If the Prosecutor determines that criminal record checks or other background checks are necessary, the express written approval of the Crown Attorney and Director are required. Where criminal record checks or other background checks are conducted, the Prosecutor must disclose the results to defence counsel and the Director must notify the Assistant Deputy Attorney General- Criminal Law Division.

The Prosecutor must not conduct any informal inquiries (for example seeking input from the office staff or the police) into a prospective juror’s background without judicial approval.

Where the Prosecutor obtains judicial approval to conduct an informal inquiry into a prospective juror’s background, the Prosecutor must record the names of each person who is shown the panel list, and must disclose those names to the defence. The Prosecutor should advise each person who is shown the jury panel list that the sole reason the person is viewing the list is due to prior judicial authorization. The Prosecutor should also tell each person that their comments are to be reduced to writing on the jury panel list and that their comments will be disclosed to the defence.

Challenge of the jury roll or panel

The Juries Act requires that one jury roll be prepared every year for each judicial district in Ontario. Once the jury roll is created for the judicial district, and certified as accurate and complete, Ontario’s Provincial Jury Centre then uses a computer program to randomly select jury panels from the jury roll.

The jury roll or panel may be challenged prior to the selection of jurors on the grounds that the roll or panel is not representative including partiality, fraud or wilful misconduct or was prepared using improper procedures.

If the accused challenges the propriety or representativeness of the jury roll or panel, the Prosecutor must inform the Crown Attorney and Director. The Director must then notify the Assistant Deputy Attorney General-Criminal Law Division.

On the application, the Prosecutor should ensure that a proper evidentiary foundation for the challenge is placed before the court. This will require coordination and consultation with Court Services Division prior to proceeding with the application.

The Prosecutor must not challenge the propriety or representativeness of the jury roll or panel without the prior approval of the Crown Attorney and Director.

Safeguarding jury panel lists

Jury panel lists contain confidential information about prospective jurors and must be securely stored at all times. During the course of the trial, the Prosecutor must ensure that the list is not left in public view. After the trial, the Prosecutor must ensure that the confidentiality of the list is maintained.

The jury panel list should not be destroyed. The list must be placed in a sealed marked envelope, and must be stored with the contents of the Crown Brief. The jury panel list should be securely retained for a period of one year after its use.