section 632

INTRODUCTION AND BRIEF DESCRIPTION

This section allows judges to excuse jurors from jury service before the start of a trial for personal interest, relationships, personal hardship, or other reasonable cause.

SECTION WORDING

632 The judge may, at any time before the commencement of a trial, order that any juror be excused from jury service, whether or not the juror has been called pursuant to subsection 631(3) or (3.1) or any challenge has been made in relation to the juror, for reasons of (a) personal interest in the matter to be tried; (b) relationship with the judge presiding over the jury selection process, the judge before whom the accused is to be tried, the prosecutor, the accused, the counsel for the accused or a prospective witness; or (c) personal hardship or any other reasonable cause that, in the opinion of the judge, warrants that the juror be excused.

EXPLANATION

Section 632 of the Criminal Code of Canada outlines the circumstances under which a judge may excuse a juror from jury duty prior to the commencement of a trial. The section provides that a juror may be excused from service for personal reasons such as an interest in the matter to be tried, a relationship with any of the parties involved in the trial, personal hardship, or any other reasonable cause that, in the opinion of the judge, warrants the juror's exemption. This provision is crucial to ensuring that trials are fair and impartial. Jurors are expected to be impartial and unbiased in their evaluation of evidence and testimony presented in court. Thus, it is important that jurors are not influenced by personal connections or biases that may arise from personal interest or relationships with any of the parties involved in the trial. By allowing judges to excuse jurors who may be affected by these circumstances, the section promotes the integrity of the jury selection process and helps to maintain public confidence in the legal system. In addition, this provision helps to protect jurors who may face undue hardship, such as health or financial reasons. Jury service can be a significant burden for some individuals, and the ability for judges to excuse jurors in such circumstances ensures that they are not unfairly burdened by their civic duty. Overall, section 632 recognizes the importance of an impartial and fair jury in the administration of justice and provides judges with the necessary tools to ensure that trials are conducted in a just and impartial manner.

COMMENTARY

Section 632 of the Criminal Code of Canada is a provision that allows judges to excuse jurors from jury service. It allows for the excusal of a juror for several reasons such as personal interest in the matter, relationship with the judge, prosecutor, accused, counsel or a prospective witness, and personal hardship or any other reasonable cause. The provision serves a significant role in ensuring fairness and impartiality in jury trials. One essential aspect of the Canadian justice system is the inclusion of a jury in criminal cases. Juries are often made up of citizens who are selected randomly from the community to deliver their verdict based on the evidence presented in a case. The selection of jurors must be done carefully as juror bias can negatively affect a case's outcome. Section 632 contributes to this by allowing judges to remove jurors that may not be impartial. The provision enables a judge to exercises discretion without the need for a challenge from the Crown or defence counsel. The provision's first grounds for excusal is personal interest in the matter to be tried." This provision was designed to eliminate situations where jurors have any personal interest in the outcome of a case. Personal interest can be real or perceptual. Judges are expected to make determinations on personal interest based on personal knowledge, or an interview with the prospective juror or both. For example, if a prospective juror is an employee of a company involved in the case or has a personal relationship with one of the parties involved in the case, they may be disqualified as a juror based on personal interest. The second ground for excusal is relationship with the judge presiding over the jury selection process, the judge before whom the accused is to be tried, the prosecutor, the accused, the counsel for the accused, or a prospective witness." This provision disqualifies jurors who have a personal relationship with individuals involved in a case. Relationships can be professional as well as personal in this category. For instance, if a prospective juror is the spouse or the child of one of the parties involved in the case, they may be disqualified based on personal relationships. The final ground for excusal is personal hardship or any other reasonable cause that, in the judgment of the judge, warrants that the juror be excused." This provision allows judges the discretion to excuse jurors under situations of personal hardship. Personal hardships can include health problems, work or financial reasons such as lack of childcare, disability and so on. These cases are up to the judge to decide, and their decision should be based on reasonable and objective criteria. In conclusion, Section 632 of the Criminal Code of Canada is an essential provision that aims to ensure fairness and impartiality in jury trials. It allows judges to excuse jurors based on personal interest, personal relationships and personal hardship, thereby eliminating the influence of bias in a case's outcome. By excusing jurors, the provision guarantees the integrity of the Canadian justice system. The power of discharge of jurors allows judges to keep them from influencing the course of justice negatively.

STRATEGY

Section 632 of the Criminal Code of Canada is an important tool that can be used strategically when preparing for a trial. The section allows a judge to excuse a juror from serving on a jury for various reasons, including personal interest in the matter to be tried, relationships with key players in the trial, personal hardship, or any other reasonable cause. As such, understanding the implications of this section and how it can be used effectively can be crucial to the outcome of a trial. One of the main strategic considerations when dealing with Section 632 is to assess the potential biases or conflicts of interest that may arise among potential jurors. It is important to thoroughly examine and investigate all potential jurors to identify any potential conflicts of interest or biases that could affect their ability to be fair and impartial. This includes not only looking at the juror's personal relationships and interests but also their professional background and affiliations. Once potential conflicts of interest have been identified, the next step is to determine whether or not to use Section 632 to excuse the juror. This decision will depend on a number of factors, including the strength of the evidence against the accused, the potential impact of the juror's bias or conflict of interest on the trial, and the availability of other potential jurors. In some cases, it may be strategically advantageous to use Section 632 to excuse potentially biased or conflicted jurors even if there are no obvious red flags. For example, if the prosecution has a strong case and the defense believes that jurors may be predisposed to favour the prosecution, the defense may choose to excuse potential jurors who are not obviously biased as a preemptive measure. Another strategy that may be employed is to use Section 632 to selectively excuse potential jurors in order to create a more favourable jury pool. For example, if the accused is a member of a marginalized community, the defense may try to excuse potential jurors who they believe may be more likely to hold biases or prejudices against that community. This could include potential jurors who have expressed support for law enforcement or who have made public statements about controversial issues related to the accused's community. Ultimately, the strategic use of Section 632 requires careful assessment of the potential biases and conflicts of interest that may arise among potential jurors and a careful balancing of the potential risks and benefits of excusing them. By understanding this section and using it effectively, lawyers can help to ensure that their clients receive a fair and impartial trial.