INTRODUCTION AND BRIEF DESCRIPTION
This section outlines the process for selecting a jury in court if there are no challenges to the array or if a new panel is not returned.
SECTION WORDING
631(3) If the array of jurors is not challenged or the array of jurors is challenged but the judge does not direct a new panel to be returned, the clerk of the court shall, in open court, draw out one after another the cards referred to in subsection (1), call out the number on each card as it is drawn and confirm with the person who responds that he or she is the person whose name appears on the card drawn, until the number of persons who have answered is, in the opinion of the judge, sufficient to provide a full jury and any alternate jurors ordered by the judge after allowing for orders to excuse, challenges and directions to stand by.
EXPLANATION
Section 631(3) of the Criminal Code of Canada outlines the process for selecting jurors for a trial. If the array of jurors is not challenged, or if it is challenged but the judge does not order a new panel, the clerk of the court will draw cards, one after another, from those submitted pursuant to subsection (1). The clerk will call out the number on each card as it is drawn and confirm with the person who responds that they are the person whose name appears on the card. The process continues until there are a sufficient number of people who have answered and are available to serve as jurors and any alternate jurors ordered by the judge. This takes into account requests to be excused, challenges to the panel, and directions to stand by. This section serves to ensure a fair and impartial trial by randomly selecting potential jurors from a pool. The process of selecting jurors is an important component of the criminal justice system, as it determines who will be responsible for deciding the guilt or innocence of the accused. By avoiding bias and ensuring a diverse group of individuals to serve as jurors, this section upholds the principles of fairness and justice in the Canadian legal system. Overall, Section 631(3) of the Criminal Code of Canada is an important provision that ensures a fair and unbiased jury selection process. By randomly selecting jurors and taking into account various considerations, the selection process helps to uphold the integrity of the criminal justice system and promotes a just and equitable trial.
COMMENTARY
Section 631(3) of the Criminal Code of Canada outlines the process of selecting jurors for a criminal trial when there is no challenge to the array of jurors or the judge does not direct a new panel to be returned. This section lays out the steps that the clerk of the court must follow to select jurors for the trial. According to this section, the clerk of the court must draw out one after another the cards referred to in subsection (1) of this section. The cards referred to in subsection (1) contain the names of potential jurors who were randomly selected for the trial. The clerk must call out the number on each card as it is drawn and confirm with the person who responds that he or she is the person whose name appears on the card drawn. This ensures that the selection process is random and transparent. The clerk will continue to draw out cards and confirm with the person who responds until the number of persons who have answered is sufficient to provide a full jury and any alternate jurors ordered by the judge after allowing for orders to excuse, challenges and directions to stand by. The number of jurors needed for a specific trial may vary depending on the circumstances of the case. The judge may also order alternate jurors to be selected to ensure that there are enough jurors available to hear the case in the event that one of the jurors cannot continue to serve. Section 631(3) of the Criminal Code of Canada plays a critical role in ensuring that the jury selection process is fair and transparent. The use of a random selection process for potential jurors helps to prevent any bias or prejudice from entering into the selection process. By calling out the name on each card and confirming that the person responding is the person listed on the card, the process is transparent and fair. The section also takes into account the need for alternate jurors. Alternate jurors serve as backups in the event that any of the selected jurors cannot continue to serve. Their presence helps to ensure that the trial can continue without the need to select new jurors, which could potentially cause delays in proceedings and lead to a longer trial. Overall, section 631(3) of the Criminal Code of Canada outlines a critical process in the selection of jurors for criminal trials. This section ensures that the process remains transparent, fair and efficient, which is essential in maintaining the integrity of the justice system in Canada.
STRATEGY
Section 631(3) of the Criminal Code of Canada provides a crucial step in the process of selecting a fair and impartial jury for criminal trials. This stage involves drawing out cards with the names of prospective jurors, confirming their identity, and selecting a sufficient number of individuals to form a complete jury panel, as well as alternate jurors in some cases. While the process may seem straightforward, there are several strategic considerations that can affect the outcome and fairness of the jury selection process. One important consideration is the nature of the case being tried. Depending on various factors, such as the severity of the charges, the complexity of the evidence, and the publicity surrounding the case, there may be different strategic considerations involved in selecting a jury. For example, in a high-profile case with intense media scrutiny, it may be important to ensure that prospective jurors have not been unduly influenced by pretrial publicity and have not formed any preconceived notions or biases about the case. Similarly, in a complex case involving technical or specialized evidence, it may be necessary to select jurors with a certain level of education or expertise in the relevant field. Another important consideration is the demographics of the jury pool. In some cases, it may be advantageous to select jurors based on their demographic characteristics, such as age, race, gender, or socioeconomic status, depending on the nature of the case and the potential biases or perspectives that may be associated with different demographics. For example, in a case involving allegations of racial discrimination, it may be important to have jurors of diverse racial backgrounds to ensure a fair and unbiased deliberation. One strategy that could be employed to address these considerations is to conduct careful research on prospective jurors and their backgrounds. This could involve using public records, social media, or other available information to gain insights into their beliefs, values, and potential biases. Additionally, it may be useful to conduct pretrial surveys or questionnaires to gather information about prospective jurors' attitudes and opinions on relevant issues. Another strategy is to make strategic use of challenges to remove biased or otherwise problematic jurors from the panel. There are two types of challenges available to lawyers: challenges for cause and peremptory challenges. Challenges for cause can be made if a prospective juror demonstrates a clear bias or prejudice that would prevent them from being fair and impartial in the case. Peremptory challenges, on the other hand, can be used to remove prospective jurors without having to provide a specific reason. However, peremptory challenges are limited in number and cannot be used to exclude jurors based on certain protected characteristics, such as race or gender. Overall, the jury selection process is a critical component of criminal trials that can have a significant impact on the outcome of a case. By carefully considering strategic considerations, conducting research on prospective jurors, and making effective use of challenges, lawyers can work to ensure that the jury panel is fair, impartial, and representative of the community.