section 635(2)

INTRODUCTION AND BRIEF DESCRIPTION

When multiple accused are being tried together, they must take turns exercising their challenges of the defence in order of their names on the indictment or by agreement, starting with the first juror, before the prosecutor.

SECTION WORDING

635(2) Subsection (1) applies where two or more accused are to be tried together, but all of the accused shall exercise the challenges of the defence in turn, in the order in which their names appear in the indictment or in any other order agreed on by them, (a) in respect of the first juror, before the prosecutor; and (b) in respect of each of the remaining jurors, either before or after the prosecutor, in accordance with subsection (1).

EXPLANATION

Section 635(2) of the Criminal Code of Canada provides guidelines for the selection of jurors in cases where multiple accused are to be tried together. In such cases, all of the accused must exercise their defense challenges in turn, according to the order of their names in the indictment or any other agreed order. This ensures that each accused has the opportunity to object to any potential jurors who they believe may not provide an impartial verdict due to bias or prejudice. The first challenge is made in respect of the first juror before the prosecutor, and subsequent challenges can be made either before or after the prosecutor, in line with the procedure outlined in subsection (1). This ensures that the prosecutor and defense have equal opportunities to challenge jurors and that the process is fair and transparent. Overall, the purpose of Section 635(2) is to maintain the integrity of the jury selection process and ensure that it is conducted in a just and transparent manner. The section helps to prevent individuals with biased opinions from serving on a jury and interfering with the proper administration of justice. It is an important provision in the Criminal Code of Canada that seeks to maintain the fundamental principles of fairness and impartiality in the Canadian criminal justice system.

COMMENTARY

Section 635(2) of the Criminal Code of Canada is a provision that pertains to how multiple accused persons are to exercise their right to challenge potential jurors during the jury selection process. This section ensures that all accused persons have an equal opportunity to exercise their challenges of the defence in turn while also maintaining a fair and efficient jury selection process. According to the provision, if two or more accused persons are to be tried together, they must exercise their challenges in a specific order. This order is determined by the appearance of their names in the indictment or any other order agreed to by them. The accused persons may challenge potential jurors in turn, meaning that one accused person must use all of their challenges before the next accused person is allowed to use theirs. This provision is crucial to ensuring fairness in the jury selection process. The right to challenge jurors is an essential aspect of a fair trial as it allows the accused persons to determine who will judge them. This provision ensures that all accused persons have equal opportunities to challenge potential jurors and prevents any one accused person from dominating the process. Additionally, subsection (2) of this provision requires that the first accused person exercise their challenges before the prosecutor, whereas the remaining accused persons may exercise their challenges either before or after the prosecutor. This allows for a more efficient process as it prevents the prosecutor from having to repeat challenges that have already been made by the accused persons. The provision also ensures that the process is transparent. As challenges are exercised in a specific order, all parties involved are aware of who has exercised their challenges and who is yet to do so. This transparency helps to prevent any potential biases or unfairness during the process. Overall, Section 635(2) of the Criminal Code of Canada is a necessary provision that ensures fairness and efficiency in the jury selection process. It provides a clear framework for how multiple accused persons should exercise their challenges and prevents any one accused person from dominating the process. This provision reinforces the importance of the right to challenge jurors and helps to ensure that the jury selection process is transparent and unbiased.

STRATEGY

Section 635(2) of the Criminal Code of Canada pertains to the exercise of challenge of a potential juror during a trial where two or more accused are being tried together. It states that the challenges of the defence should be exercised in turn, in the order in which the accused are named in the indictment or in any other order agreed upon by them. The first challenge should be exercised before the prosecutor, while the remaining challenges can be exercised either before or after the prosecutor, as outlined in subsection (1). When it comes to the strategic considerations of this section of the Criminal Code of Canada, there are several factors that defence lawyers can take into account: 1. Identify favourable and unfavourable jurors: Lawyers can conduct a thorough background check on the potential jurors to gain insight into their biases and opinions, thereby making it easier to determine which jurors would be favourable or unfavourable to their case. 2. Maintain order of precedence: It is important for defence lawyers to keep to the order of precedence while exercising their challenges. In this way, they can ensure that each accused gets a chance to exercise their challenges. 3. Agree on a random order: If there are multiple accused and no order of precedence has been specified, the defence lawyers can agree on a random order of challenge to prevent any one accused from having too much influence over the selections. 4. Prioritize challenges: Lawyers can prioritize their challenges based on the strength of the potential jurors' beliefs or opinions that may be unfavourable to their case. 5. Exercise peremptory challenges strategically: Peremptory challenges allow lawyers to remove jurors without providing any specific reasons for doing so. However, these challenges are limited in number, and defence lawyers need to use them strategically to remove jurors who they believe will be unfavourable to their case. 6. Consider jury composition: Lawyers can also consider the composition of the jury while challenging, such as the number of men and women and their occupations, as this may impact how jurors perceive the case and how favourable they are likely to be. 7. Use challenges to raise issues: Lastly, lawyers can also use their challenges as a means of raising certain issues, such as bias or discrimination, thereby potentially securing a more favourable jury. In summary, defence lawyers need to carefully consider their approach to challenge selection when dealing with Section 635(2) of the Criminal Code of Canada. By identifying favourable and unfavourable potential jurors and using strategic tactics to exercise their challenges, they can increase their chances of securing a more favourable jury and achieving a positive outcome for their clients.