INTRODUCTION AND BRIEF DESCRIPTION
If there are not enough jurors or alternate jurors present for a trial, the court will continue selecting jurors until a full jury and any required alternates are sworn in.
SECTION WORDING
631(5) If the number of persons who answer under subsection (3) or (3.1) is not sufficient to provide a full jury and the number of alternate jurors ordered by the judge, the clerk of the court shall proceed in accordance with subsections (3), (3.1) and (4) until 12 jurors — or 13 or 14 jurors, as the case may be, if the judge makes an order under subsection (2.2) — and any alternate jurors are sworn.
EXPLANATION
Section 631(5) of the Criminal Code of Canada is a provision which outlines the process for selecting jurors in a criminal trial. The section specifically addresses the situation where there are not enough potential jurors available to form a full jury and the number of alternate jurors ordered by the judge. In such a case, the clerk of the court is required to proceed in accordance with subsections (3), (3.1), and (4), which deal with the selection and questioning of potential jurors. These subsections outline the process by which potential jurors are instructed to answer a series of questions to determine their suitability for serving on the jury. Once enough potential jurors have been identified, they are then sworn in as jurors. The number required is 12, but the judge may order 13 or 14 jurors if they deem it necessary. This could be the case if it is anticipated that the trial may be particularly lengthy or complex, or if there is a risk that some jurors may not be able to attend throughout the trial. The purpose of these provisions is to ensure that a fair trial can take place by providing a sufficient number of jurors to deliberate on the evidence presented in court. The process of selecting jurors is an important one, as it involves choosing individuals who are impartial, can be relied upon to make decisions based solely on the evidence presented, and who are not unduly influenced by outside factors. Overall, section 631(5) acts as an important safeguard for the integrity of the criminal justice system by ensuring that an adequate pool of jurors is available to serve on the panel for a given trial.
COMMENTARY
Section 631(5) of the Criminal Code of Canada is an important provision that outlines how the court should proceed when there are not enough individuals to form a full jury. A jury is a crucial component of the criminal justice system, and plays an essential role in ensuring that justice is served. When a case goes to trial, a group of individuals are chosen to serve on the jury, and are tasked with listening to evidence presented by the prosecution and the defense, and making a decision based on that evidence. However, in some cases, it may be challenging to find enough individuals to form a full jury. This can be due to various reasons, such as individuals not being available or eligible to serve, or a lack of interest in serving. In such cases, Section 631(5) provides guidance on how the court should proceed. According to this provision, if the number of persons who answer under subsection (3) or (3.1) is not sufficient to provide a full jury and the number of alternate jurors ordered by the judge, the clerk of the court shall proceed in accordance with subsections (3), (3.1) and (4) until 12 jurors or 13 or 14 jurors are sworn, depending on the judge's order under subsection (2.2), and any alternate jurors are sworn. This means that if there are not enough people to form a full jury, the court will continue to select potential jurors until there are enough individuals to form a complete jury. The judge can also order the selection of additional alternate jurors in case any of the main jurors are unable to continue serving on the jury for any reason. This provision is important because it ensures that every accused person has the right to a fair trial with a full and impartial jury. It also ensures that the interests of justice are served by providing enough individuals to deliberate and make a decision based on the evidence presented in court. However, it is important to note that this provision does not address the underlying issue of a lack of interest in serving on a jury. There have been concerns raised about declining rates of jury participation, which may impact the quality and legitimacy of the criminal justice system. Some possible solutions to this issue could include increasing education and awareness about the importance of jury service, providing better compensation and support to jurors, and exploring alternative forms of jury service such as online or virtual juries. In conclusion, Section 631(5) of the Criminal Code of Canada is a crucial provision that provides guidance on how the court should proceed when there are not enough individuals to form a full jury. It ensures that accused individuals have the right to a fair trial with a full and impartial jury, and upholds the interests of justice. However, there may be broader issues of declining jury participation that need to be addressed to ensure the continued legitimacy of the criminal justice system.
STRATEGY
Section 631(5) of the Criminal Code of Canada provides guidance on how to proceed with jury selection in cases where the number of people who answer under subsection (3) or (3.1) is not enough to provide a full jury and the required number of alternate jurors. In such cases, it is essential to take strategic considerations into account when deciding on how best to proceed with jury selection. There are several strategies that could be employed in situations like this. One key strategy is to carefully screen potential jurors to ensure that they are impartial and unbiased. This is especially important in cases where the jury pool is limited, and there is a risk of bias or prejudice influencing the outcome of the trial. In such cases, it is essential to conduct thorough voir dire examinations to identify any potential biases or prejudices that could impact a juror's ability to make an impartial decision. Another key strategy is to prioritize the selection of alternates. This means that if there are not enough potential jurors to form a complete jury and the required number of alternates, then the court should focus on selecting the required number of alternates first before proceeding to select the remaining jurors. This ensures that there are sufficient alternates available to replace any jurors who may become unable to continue their service during the trial. A third strategy is to carefully consider the number of jurors and alternate jurors required for the trial. In some cases, the judge may use their discretion to order 13 or 14 jurors in addition to the 12 required by law. This may be done in cases where the trial is expected to be lengthy or complex, and there is a risk of juror fatigue or attrition that could impact the outcome of the trial. In such cases, it is important to carefully consider the number of jurors and alternates required to ensure that the trial proceeds efficiently and with minimal disruptions. Overall, dealing with Section 631(5) of the Criminal Code of Canada requires careful consideration of various strategic factors. It is important to ensure that juries are selected in a fair and impartial manner, and that sufficient alternates are available to maintain the integrity of the trial. By carefully considering these factors and taking appropriate steps to address any challenges that may arise, courts can ensure that justice is served in an efficient and effective manner.