section 631(4)

INTRODUCTION AND BRIEF DESCRIPTION

This section requires the clerk of the court to swear in each member of the jury, including any alternate jurors, and any other person providing support services to a juror with a physical disability.

SECTION WORDING

631(4) The clerk of the court shall swear each member of the jury, and any alternate jurors, in the order in which his or her card was drawn and shall swear any other person providing technical, personal, interpretative or other support services to a juror with a physical disability.

EXPLANATION

Section 631(4) of the Criminal Code of Canada outlines the process of swearing in members of a jury during a trial. When a trial begins, the clerk of the court will randomly draw cards with the names of potential jurors. These individuals will be called into the courtroom and must take an oath in which they swear to make a fair and impartial decision in the case. According to this section of the Criminal Code, the clerk of the court is responsible for swearing in each member of the jury, as well as any alternate jurors who may be present. The order in which jurors are sworn in is determined by the order in which their cards were drawn. This helps ensure that the process is fair and impartial and that no one is given preferential treatment. In addition, this section of the Criminal Code also recognizes the importance of ensuring access to justice for individuals with physical disabilities. The section requires the clerk of the court to swear in any person providing technical, personal, interpretative or other support services to a juror with a physical disability. This ensures that individuals with disabilities are able to participate in the trial process in a meaningful way and have access to the necessary support services to assist them in carrying out their duties. Overall, section 631(4) of the Criminal Code helps ensure that the jury selection process is fair and impartial and that individuals with disabilities are given the necessary support and access to justice they need to participate in the trial process.

COMMENTARY

Section 631(4) of the Criminal Code of Canada outlines the process by which jurors, alternates, and support personnel are to be sworn in before serving on a jury. The section highlights the importance of ensuring that all members of the jury and those who provide support to them are properly sworn in before beginning their service. The process of swearing in is a critical component of ensuring that the jury is impartial and capable of carrying out their duties. The section mandates that the clerk of the court shall swear in each member of the jury, including any alternate jurors, in the order in which their cards were drawn. This is done to ensure that the selection process is fair and impartial, as each juror has an equal chance of being chosen. It also serves to provide each juror with a sense of transparency and accountability as they enter into their service. In addition to the jury members and alternates, the section also requires that any other person providing technical, personal, interpretative, or other support services to a juror with a physical disability must be sworn in. This provision recognizes the need for accessibility and accommodation in the justice system, which is essential to ensure that all individuals have an equal opportunity to participate. The role of the clerk of the court in swearing in the jury is critical. The clerk serves as a neutral party, responsible for ensuring that the oath is administered correctly and that jurors fully understand the nature of their duty. The clerk is also responsible for recording the oaths and ensuring that they are properly filed with the court. The swearing-in process itself involves the juror taking an oath or affirmation to carry out their duties as a juror. The oath typically requires that the juror swear to deliver a verdict according to the evidence presented and the laws of the land. They are also required to maintain confidentiality and not disclose any information related to the case. The purpose of the oath is to ensure that jurors take their responsibilities seriously and recognize the gravity of their role in the justice system. In conclusion, Section 631(4) of the Criminal Code of Canada recognizes the importance of proper swearing-in procedures for jurors, alternates, and support personnel. The provision serves to enhance transparency, impartiality, accessibility, and accountability in the justice system. By ensuring that all individuals serving on a jury are properly sworn in, the section promotes a fair and just legal process that is essential to maintaining the integrity and credibility of the justice system.

STRATEGY

Section 631(4) of the Criminal Code of Canada is an important provision that governs the swearing-in of jurors and any alternate jurors in a criminal trial. This section requires that the clerk of the court swear each member of the jury, and any alternate jurors, in the order in which their card was drawn, as well as any other person providing technical, personal, interpretative, or other support services to a juror with a physical disability. To effectively deal with this section of the Criminal Code, there are several strategic considerations that could be taken into account. One strategic consideration is the importance of ensuring that the jury is impartial and unbiased. The selection of jurors is a critical part of the trial process, and it is essential that jurors are chosen based on their ability to be impartial and fair. To achieve this, strategies such as voir dire can be employed to screen potential jurors and eliminate those with biases or conflicts of interest. It is also important to ensure that each juror is properly sworn in, as failure to do so can result in the invalidation of the trial verdict. Another important strategic consideration is the need to accommodate jurors with disabilities. Jurors with physical disabilities may require technical, personal, or interpretative support services to participate fully in the trial process. Failure to provide such support can result in a violation of their rights and can compromise the fairness of the trial. To address this, strategies such as providing assistive devices or services, making accommodations to the physical layout of the courtroom, or providing specialized training to court staff can be employed. A further strategic consideration is the need to manage the logistics of the swearing-in process. The clerk of the court is responsible for swearing in each member of the jury in the order in which their card was drawn. Managing this process efficiently and effectively can help ensure that the trial proceeds smoothly and on schedule. Strategies such as pre-screening potential jurors, providing clear instructions to jurors regarding the swearing-in process, and utilizing technology to streamline the process can help achieve this. Ultimately, the key to effectively dealing with Section 631(4) of the Criminal Code of Canada is to ensure that the trial process is fair, efficient, and effective. By taking into account strategic considerations such as impartiality, accommodation, and logistics, trial participants can help ensure that the rights of all parties are protected and that justice is served.