section 631(2.2)


A judge may allow for 13 or 14 jurors to be sworn in the interests of justice.


631(2.2) If the judge considers it advisable in the interests of justice, he or she may order that 13 or 14 jurors, instead of 12, be sworn in accordance with this Part before the clerk of the court draws out the cards under subsection (3) or (3.1).


Section 631(2.2) of the Criminal Code of Canada allows for a judge to order the swearing in of 13 or 14 jurors instead of the standard 12, if they believe it is in the interests of justice. This provision is intended to allow for flexibility in jury selection and to ensure that the jury's decision is fair and just. The use of an expanded jury can be useful in cases with complex or sensitive issues that require a broad range of perspectives. Additionally, it can be used in cases where a high level of community interest and scrutiny is expected, such as in high-profile criminal cases. In these situations, having a larger jury can help to ensure that the jury's decision is made in a thorough and thoughtful manner, and that no important voices are excluded. However, expanded juries are not without their challenges. For example, it can be difficult to find enough eligible jurors to constitute an expanded jury in some jurisdictions. Additionally, the use of an expanded jury can increase the length and complexity of the trial, which may be burdensome to the parties involved. Overall, the decision to use an expanded jury is left up to the discretion of the judge, who must balance the need for a fair and just trial with the practical realities of the case. Section 631(2.2) of the Criminal Code of Canada provides a useful tool for ensuring that the jury's decision is made in the best interests of justice.


Section 631(2.2) of the Criminal Code of Canada grants judges the power to order that 13 or 14 jurors be sworn in a criminal proceeding instead of the usual 12. This section is particularly interesting because it recognizes that in certain circumstances, a larger than average number of jurors may be required for a fair and just conclusion to a criminal trial. The section states that this decision may be made by the judge if they consider it advisable in the interests of justice. This recognizes that there is no standard guideline as to when a larger jury is necessary, and that it is ultimately up to the discretion of the judge to make the determination based on the individual case. As such, it is important that judges exercise this power judiciously to ensure that the interests of justice are served. The concept of a larger jury is not a new one. In fact, it has been used for centuries in some countries, such as Scotland, as a way to ensure a more representative and diverse jury. The idea is that with a larger jury, there is a greater chance of a fair and impartial verdict being reached. This is because a larger number of jurors reduces the statistical likelihood of individual jurors with strong biases or preconceptions influencing the outcome of the case. In some instances, a larger jury may also be necessary for practical reasons. For example, in complex cases where there are multiple accused, multiple charges, or an extensive amount of evidence to consider, a larger jury may be better equipped to handle the breadth of information presented to them. This could help to ensure that all perspectives are taken into account, and that no relevant evidence is overlooked. However, there are some potential challenges and drawbacks associated with a larger jury. For example, it may be more difficult for jurors to deliberate effectively and come to a unanimous decision with a larger group. Additionally, the logistics of a larger jury may be more challenging, including the need for a larger courtroom, more resources to accommodate the jurors, and more time needed to conduct the trial. Despite these challenges, the fact that the Criminal Code allows for a larger jury in certain situations speaks to the importance of ensuring a fair and just trial. Judges must carefully consider the unique circumstances of each case before determining whether a larger jury is necessary to achieve this goal. Ultimately, the purpose of the justice system is to ensure that those accused of a crime are provided with a fair trial, and the power to order a larger jury is one tool that can be used towards this end.


Section 631(2.2) of the Criminal Code of Canada provides for the possibility of having 13 or 14 jurors instead of the usual 12 in a criminal trial. This provision is available in situations where the judge considers it advisable in the interests of justice. There are several strategic considerations and tactics that can be employed when dealing with this section of the Criminal Code. One of the primary considerations is whether or not to make an application for additional jurors. This decision will depend on the facts of the case, the nature of the charges, and the potential complexity of the evidence. In some cases, the extra jurors may not be necessary, while in others, they may be crucial to ensuring a fair trial. Another consideration is how to frame the application to the court. The application should focus on the interests of justice and explain why the additional jurors are necessary. It may be helpful to cite relevant case law or provide expert testimony to support the application. If the application is granted, there are several strategic considerations in selecting the additional jurors. The extra jurors should be carefully chosen to ensure that they are able to be impartial and have the necessary experience and background to understand the case. This may involve conducting additional voir dire examinations or requesting information from the jury pool. Once the jury is selected, there are several strategies that can be employed during the trial. The additional jurors may be used as alternates, with two jurors being selected at random to be excused before deliberations begin. This can provide a backup in case of illness or other issues with the jurors. Alternatively, the additional jurors may be used as part of the deliberations. In this case, all 13 or 14 jurors would participate in the discussions and contribute to the final verdict. This can be helpful in complex cases where additional perspectives are needed. When dealing with Section 631(2.2), it is important to keep in mind the principles of a fair trial and the interests of justice. The application for additional jurors should be made with these principles in mind and should be supported by evidence and persuasive arguments. The selection of the additional jurors should also be carefully considered to ensure that they are impartial and able to contribute meaningfully to the trial and deliberations.