section 643(1.1)

INTRODUCTION AND BRIEF DESCRIPTION

This section requires the names of jurors to be kept separate until the end of the trial, and returned to the box as necessary until all issues are resolved.

SECTION WORDING

643(1.1) The name of each juror, including alternate jurors, who is sworn shall be kept apart until the juror is excused or the jury gives its verdict or is discharged, at which time the name shall be returned to the box as often as occasion arises, as long as an issue remains to be tried before a jury.

EXPLANATION

Section 643(1.1) of the Criminal Code of Canada prohibits the disclosure of the names of jurors who have been sworn in the trial until they have been excused or the jury has delivered its verdict or is discharged. This ensures that the identity of jurors is kept confidential until the conclusion of the trial and reduces the potential for jurors to be influenced or harassed. The section also requires that the names of jurors, including alternate jurors, be returned to the jury box as often as required until all issues are resolved and the trial is concluded. This enables the court to draw a new jury from the remaining pool of candidates in the event that a juror is excused or disqualified from serving on the jury. This provision is critical in maintaining the integrity of the jury system in Canada. Jurors are required to remain impartial and free from influence throughout the trial, and their confidentiality ensures that they are not subject to undue pressure or coercion from outside parties. Moreover, the requirement to return jurors' names to the box allows for the selection of unbiased and independent jurors for the court's consideration. In sum, section 643(1.1) of the Criminal Code of Canada serves as an important safeguard for preserving the fairness and impartiality of jury trials. By preserving the anonymity of jurors and ensuring impartial selection, it helps promote trust in the criminal justice system and ensures that verdicts are reached in a just and unbiased manner.

COMMENTARY

Section 643(1.1) of the Criminal Code of Canada is an important piece of legislation that governs the use of juries in criminal trials. This section specifically addresses the issue of juror anonymity and sets out the procedures that must be followed to ensure that the names of jurors are kept confidential throughout the trial process. The reason for this legislation is clear: the anonymity of jurors is crucial to their safety and well-being, especially in high-profile cases where emotions may run high and the outcome of the trial may be contentious. By keeping the names of jurors confidential, the risk of intimidation or harassment is minimized, allowing jurors to focus on their duties without fear of reprisals. Under Section 643(1.1), the names of all jurors, including alternate jurors, are kept apart and confidential until such time as they are excused, the jury gives its verdict, or the jury is discharged. At this point, the names are returned to the box as often as necessary, as long as there are still issues to be tried before a jury. This provision is an important safeguard against any potential breaches of juror anonymity. It ensures that jurors' names are kept out of the public domain and that any attempts to uncover their identities are thwarted. This in turn helps to prevent any undue influence or pressure on jurors, which could compromise their ability to reach an impartial decision. While Section 643(1.1) is a necessary and important provision, it is not without its critics. Some legal experts have argued that the principle of open justice requires that jurors' names should be made public at the end of a trial. They argue that the public has a right to know who served on the jury and what their decision was. However, others have countered that the privacy and safety of jurors must be given greater priority. Jurors are not professional judges and should not be subjected to the same level of scrutiny and criticism as judges. Allowing their identities to be made public at the end of a trial could put them at risk of harassment or worse. Ultimately, the decision about whether or not to make jurors' names public is a matter for the courts to decide. However, in light of the potential risks to juror safety and impartiality, it is likely that the principle of juror anonymity will continue to be upheld in Canadian criminal trials. In conclusion, Section 643(1.1) of the Criminal Code of Canada is a vital piece of legislation that helps to safeguard the anonymity and safety of jurors in criminal trials. By keeping jurors' names confidential, the risk of intimidation and harassment is minimized, allowing jurors to focus on their duties without fear of reprisals. While this provision is not without its critics, it is likely that the principle of juror anonymity will continue to be upheld in the years to come.

STRATEGY

The importance of an impartial jury in criminal proceedings cannot be understated as it is a crucial element of a fair trial. Section 643(1.1) of the Criminal Code of Canada stipulates that the names of jurors, including alternate jurors, should be kept apart until the relevant stage of proceedings. This provision aims to protect the integrity of the jury and prevent any undue influence on jurors during the trial. When dealing with this provision, counsel may employ several strategic considerations to achieve the most favorable outcome for their clients. Firstly, it is important to ensure that the names of the jurors are kept confidential until the appropriate stage in the trial. This can be achieved by implementing strict measures to prevent any unauthorized access to the names of the jurors and their personal information. One of the strategies that counsel can employ is to conduct thorough research into the background of potential jurors. This will enable them to identify any potential biases or prejudices that may impact their client's case. Research may include analyzing social media profiles, employment history, political affiliations, and other relevant information. This information can then be used to challenge or strike potential jurors during the jury selection process. Another strategy that counsel can use is to seek the removal of a juror that has been identified as having a bias or prejudice. This can be done by filing a motion to challenge the juror for cause. The motion must demonstrate that the juror is impartial due to factors such as personal relationships with the accused or the victim, prior knowledge of the case, or preconceived opinions. Counsel may also attempt to influence the selection of alternate jurors. This can be achieved by presenting a strong case to convince the judge that it is necessary to add alternate jurors due to the complexity of the case. If successful, this will increase the number of available jurors in the event that any juror is excused for any reason. Lastly, counsel can use Section 643(1.1) to their advantage. By keeping the names of the jurors confidential until the appropriate stage, counsel can prevent any attempts to influence or intimidate the jurors during the trial. This will enable the jury to make an impartial decision based solely on the evidence presented in court. In conclusion, Section 643(1.1) of the Criminal Code of Canada is essential to ensure the impartiality of the jury system. Counsel should implement strategies to protect the integrity of the jury, including conducting research into the backgrounds of potential jurors, seeking the removal of biased jurors, influencing the selection of alternate jurors, and using the provision to prevent any potential interference with the jury. These measures will enhance the chances of obtaining a favorable outcome for their clients.