INTRODUCTION AND BRIEF DESCRIPTION

If a full jury cannot be provided, the court may order the summoning of qualified and non-qualified jurors to provide a full jury and alternate jurors at the request of the prosecutor.

SECTION WORDING

642(1) If a full jury and any alternate jurors considered advisable cannot be provided notwithstanding that the relevant provisions of this Part have been complied with, the court may, at the request of the prosecutor, order the sheriff or other proper officer to summon without delay as many persons, whether qualified jurors or not, as the court directs for the purpose of providing a full jury and alternate jurors.

EXPLANATION

Section 642(1) of the Criminal Code of Canada provides a solution for cases where a full jury and alternate jurors cannot be provided, even after the relevant provisions of Part XX of the Criminal Code have been complied with. This section enables the court to order the sheriff or other appropriate officer to summon as many persons as necessary, whether or not they are qualified jurors, to ensure that a full jury and alternate jurors are available for the trial. The provision is necessary because the Canadian legal system relies heavily on the use of jury trials in criminal cases. A jury is a group of people who are selected to hear the evidence presented in court and decide on the guilt or innocence of the accused. The presence of a full jury and alternate jurors is crucial to ensure that the legal process is fair and just, and that the accused is afforded the right to a trial by his or her peers. However, it can be difficult to find a sufficient number of qualified jurors for every trial. In some cases, individuals may be disqualified from serving on a jury due to various reasons, such as conflicts of interest or language barriers. When this happens, Section 642(1) provides a solution that enables the court to ensure that the trial can proceed with the necessary number of jurors. In practice, the section is used sparingly, as courts often make every effort to find a full complement of qualified jurors before resorting to summoning unqualified individuals. When it is deemed necessary to summon unqualified individuals, the court will ensure that they receive proper instructions on their role and responsibilities as jurors, and will take steps to provide them with any necessary support or accommodations. Overall, Section 642(1) is an important provision that helps to ensure that the Canadian legal system can provide fair and impartial trials, even in cases where qualified jurors are in short supply.

COMMENTARY

Section 642(1) of the Criminal Code of Canada is an important provision that aims to ensure that justice is served in cases where a full jury and alternate jurors cannot be provided. The provision grants the court the power to summon individuals, whether qualified jurors or not, to serve on a jury and as alternate jurors. This provision is included in the Criminal Code to ensure that there is no delay or obstruction in the administration of justice, primarily in instances where a significant number of jurors are disqualified or excused from a trial. There are various reasons why a full jury and alternate jurors cannot be provided. For instance, if jurors are excused, disqualified, or ineligible for jury service, this can result in the court being unable to provide a full complement of jurors. Additionally, the unavailability of jurors due to scheduling conflicts or personal issues can also affect the court's ability to provide a full jury. To remedy this situation, the prosecutor may request the court to order the sheriff or other proper officer to summon as many individuals as required to serve on the jury. These individuals may be selected without consideration of whether they are qualified jurors or not. This provision, therefore, grants the court flexibility to accommodate the circumstances and ensure that justice is not delayed. It is noteworthy to mention that section 642(1) recognizes the importance of a full complement of jurors in ensuring a fair trial. The presence of alternate jurors is critical as they serve as replacements for jurors who may be excused for various reasons. This ensures that the trial continues without interruption and that verdicts are not compromised. Thus, this section is an integral part of the administration of justice, ensuring that individuals accused of crimes receive a fair and speedy trial. Furthermore, this provision highlights the importance of civic duty and jury service in Canada. Jury service is a fundamental aspect of our democracy and legal system, and thus, ensuring that qualified and eligible individuals participate in the process is a priority. Nonetheless, circumstances that make it difficult to provide a full complement of jurors should not impede the delivery of justice. Although the purpose of the provision is laudable, summoning individuals who are not qualified jurors may raise concerns about the impartiality of the process. It is possible that individuals summoned to serve on a jury may have biases or prejudices that would affect their verdicts. Hence, the court must adequately screen and scrutinize individuals summoned to ensure that they are impartial and committed to fulfilling their civic duty. In conclusion, Section 642(1) of the Criminal Code of Canada is a critical provision that enables the court to remedy situations where a full jury and alternate jurors cannot be provided. The provision strikes a balance between the administration of justice and the importance of ensuring that qualified and eligible individuals serve on juries. While the section may raise concerns about impartiality, the court must adequately screen individuals summoned to ensure that they are impartial and committed to fulfilling their civic duty. Overall, this provision plays a pivotal role in our democracy and legal system and is a testament to the importance that Canada places on ensuring a fair and impartial trial.

STRATEGY

Section 642(1) of the Criminal Code of Canada provides for an important aspect of the criminal justice system of the country. This section enables the court to summon persons, even if they are not qualified jurors, to form a full jury and any alternate jurors required in a trial. The provision is critical to ensure that trials proceed without delay and that justice is delivered in an efficient and timely manner. However, this section of the Criminal Code also comes with several strategic considerations and challenges that must be taken into account. One of the primary considerations when dealing with this section is how it impacts the jury selection process. Normally, the jury selection process is conducted meticulously to ensure that the jurors are impartial and can adequately evaluate the evidence presented in trial. However, when invoking section 642(1), this process can be truncated, and the court may have to rely on unqualified jurors to fulfill the requirements of a full jury. This could potentially impact the impartiality of the jury and the quality of justice delivered in the trial. Another strategic consideration when dealing with this section is the impact it could have on the prosecutor's case. Summoning unqualified jurors to form a full jury means that some of these jurors may not have the knowledge or experience to evaluate the evidence presented in trial. This could benefit the defendant, who could use this to cast doubt on the prosecutor's case. On the other hand, prosecutors could use this to their advantage by presenting evidence in a way that is easier to understand for the less-experienced jurors, thus increasing the chances of a conviction. One strategy that could be employed by prosecutors when dealing with section 642(1) is to present their case in a way that is easy to understand, even for jurors without legal or technical expertise. This could include using simple language and visual aids to explain complex evidence. The prosecutor could also give clear and concise opening and closing statements to guide the jury through the evidence presented in trial. Another strategy is for the prosecutor to carefully screen the prospective jurors and identify those who could be sympathetic to the prosecution's case or have relevant experience. In conclusion, section 642(1) of the Criminal Code of Canada is a critical provision that enables courts to form a full jury and any alternate jurors required in a trial. However, the provision comes with several strategic considerations and challenges, particularly in relation to jury selection and the impact on the prosecutor's case. To navigate these challenges, prosecutors could adopt strategies such as presenting evidence in a simple and clear manner, carefully screening prospective jurors, and identifying those who could be sympathetic to the prosecution's case.