Criminal Code of Canada - section 627 - Support for juror with physical disability

section 627

INTRODUCTION AND BRIEF DESCRIPTION

This section permits jurors with physical disabilities to receive support services.

SECTION WORDING

627 The judge may permit a juror with a physical disability who is otherwise qualified to serve as a juror to have technical, personal, interpretative or other support services.

EXPLANATION

Section 627 of the Criminal Code of Canada is a provision that recognizes the importance of ensuring that individuals with physical disabilities are not unfairly excluded from serving on a jury. Specifically, the section allows a judge to permit a juror with a physical disability to have various types of support services that may be necessary for them to effectively participate in jury duties. These support services can take different forms depending on the needs of the juror. For example, a juror with a hearing impairment may require an interpreter to assist them in understanding testimony and other evidence presented in court. Alternatively, a juror with a mobility impairment may require technical support, such as a wheelchair-accessible courtroom, to ensure they can move around the courtroom and access all necessary materials. The provision is important because juries are meant to be representative of the community and serve as the trier of fact in many criminal trials. Excluding individuals with physical disabilities from serving on juries would not only be discriminatory, but it would also limit the diversity of perspectives and experiences that juries bring to the decision-making process. Overall, Section 627 of the Criminal Code of Canada serves to uphold the principles of equality and fairness in the criminal justice system by recognizing the importance of ensuring that individuals with physical disabilities can fully participate in the jury process.

COMMENTARY

Section 627 of the Criminal Code of Canada provides for accommodations to be made for jurors with physical disabilities. This is an important provision, as it ensures that those with disabilities have equal access to participate in the justice system. The provision is intended to assist jurors who require support services in order to effectively perform their duties. The types of support services provided for under section 627 include technical support, such as assistive technology or software, personal support, such as a personal attendant, interpretative support, such as a sign language interpreter, and other types of support that may be required based on the specific needs of the juror. It is important that jurors with disabilities have access to appropriate support services. Without such support, they may face significant challenges participating in the jury process. For example, a deaf or hard of hearing juror may require the services of a sign language interpreter in order to effectively communicate with other jurors and understand the proceedings of the trial. Similarly, a juror with mobility issues may require a personal attendant in order to navigate the court facility and participate in the trial process. In addition to providing support services to jurors with disabilities, section 627 also helps to ensure that the jury selection process is inclusive and non-discriminatory. By allowing for accommodations to be made, the provision helps to ensure that individuals with disabilities are not automatically excluded from the jury pool simply because of their disability. Overall, section 627 of the Criminal Code of Canada is an important provision that helps to promote inclusivity and equal access to justice for individuals with disabilities. By providing for support services for jurors with disabilities, the provision helps to ensure that all individuals have the opportunity to participate in the justice system on an equal footing. It is important that courts continue to make accommodations for jurors with disabilities and actively work to promote inclusivity and accessibility in the justice system.

STRATEGY

Section 627 of the Criminal Code of Canada presents a strategic consideration when dealing with jurors with physical disabilities. The provision allows judges to permit such jurors to have various support services to enable them to fulfill their responsibilities. Some of the strategic considerations that are essential in this situation include accommodation, fair treatment, independence, and confidentiality. The first strategic consideration is accommodation. Under Section 627, judges have the responsibility of ensuring that jurors with physical disabilities are accommodated to allow them to fulfill their duties. Accommodation is vital since it ensures that these jurors are not discriminated against and that they are fully included in the jury process. Jurors with physical disabilities need accommodation that is reasonable, practical, and effective, depending on their unique needs. The second strategic consideration is fair treatment. Jurors with physical disabilities should be treated fairly and equitably. They should not be subjected to any form of discrimination or bias during the jury process. Judges should ensure that these jurors are given the same opportunities and have access to the same resources as other jurors. This strategic consideration also involves ensuring that the jury selection process is fair and that all potential jurors, including those with physical disabilities, are assessed based on their qualifications and experience. The third strategic consideration is independence. Jurors with physical disabilities need to be independent and able to perform their functions without undue influence or interference. Judges should ensure that these jurors have the necessary support services to enable them to carry out their responsibilities independently. This includes providing them with the necessary assistive technologies, interpreters, or other support services to ensure they can participate fully in the jury process. It also involves ensuring that jurors with physical disabilities are not isolated from other jurors or subjected to any form of discrimination based on their disabilities. The fourth strategic consideration is confidentiality. Jurors with physical disabilities are entitled to the same level of confidentiality as other jurors. Judges should ensure that personal information about these jurors is protected and not disclosed to unauthorized persons. This includes ensuring that any support services provided to jurors with physical disabilities are kept confidential and not shared with other jurors or parties to the case. In conclusion, Section 627 of the Criminal Code of Canada presents significant strategic considerations when dealing with jurors with physical disabilities. Jurors with disabilities should be accommodated, treated fairly, be given independence and respect for confidentiality. Strategies such as offering technical and personal support services or other accommodations like interpreters must be provided to enable these jurors to fulfill their responsibilities fully. Proper implementation of this section of the Criminal Code will ensure that jurors with disabilities can participate fully in the jury process, leading to the realization of a more inclusive justice system.