INTRODUCTION AND BRIEF DESCRIPTION
This section allows a judge to replace a juror who is unable to continue with another juror before the evidence is heard.
SECTION WORDING
644(1.1) A judge may select another juror to take the place of a juror who by reason of illness or other reasonable cause cannot continue to act, if the jury has not yet begun to hear evidence, either by drawing a name from a panel of persons who were summoned to act as jurors and who are available at the court at the time of replacing the juror or by using the procedure referred to in section 642.
EXPLANATION
Section 644(1.1) of the Criminal Code of Canada pertains to the replacement of a juror who is unable to continue to serve on a jury due to illness or other reasonable cause. This provision allows for a judge to select another juror to take the place of the removed juror, provided that the jury has not yet begun to hear evidence. The replacement juror can be chosen by either drawing a name from a pool of individuals who were summoned to serve as jurors and are available at the court at the time of replacement, or by using the procedure outlined in section 642 of the Criminal Code. The purpose of this provision is to ensure the jury pool remains complete and able to fulfill its duties effectively. If a juror is unable to continue serving, replacing them with another qualified juror ensures that the trial can proceed without delay. It is important to note that the judge must determine whether the replaced juror had a genuine reason for being unable to continue serving, such as illness or other reasonable cause. If the reason for removal is due to bias or other misconduct, the individual may face legal consequences. Overall, this provision serves to ensure the integrity of the justice system by enabling efficient trial proceedings and upholding the principles of fairness and impartiality.
COMMENTARY
Section 644(1.1) of the Criminal Code of Canada provides a mechanism for the replacement of jurors in a criminal trial. It recognizes that circumstances beyond the control of jurors can arise, such as illness or other reasonable cause, that make it impossible for them to continue with their duties. In such cases, a judge is empowered to choose another juror to take their place, if the jury has not yet begun to hear evidence. The section sets out two methods by which a replacement juror may be selected. The first is by drawing a name from a panel of individuals who were summoned to act as jurors and who are available at the court at the time of the replacement. This method ensures that the replacement juror is chosen from a pool of potential jurors who have already been screened and deemed suitable for jury duty. The second method of selecting a replacement juror is by using the procedure referred to in section 642 of the Criminal Code. This section outlines the process by which a judge can select a replacement juror during or after the trial has begun. This process involves the judge instructing the remaining jurors to select one of their number to be dismissed, and then proceeding to draw a name from the remaining jurors or from a pool of potential jurors who have been summoned to the court. The purpose of this section is to ensure that a trial can proceed without interruption or delay due to circumstances beyond the control of the jurors. It recognizes that the duties of a juror are important and that jurors play a vital role in the administration of justice. By providing for the replacement of jurors, this section ensures that the integrity of the trial process is maintained and that justice is done. However, it is important to note that the power to select a replacement juror must be exercised carefully and judiciously. The selection of a juror is a serious matter that requires careful consideration of a range of factors, including the juror's character, experience, and ability to remain impartial in the face of potentially emotional or contentious evidence. In conclusion, section 644(1.1) of the Criminal Code of Canada provides a valuable mechanism for the replacement of jurors in a criminal trial. It recognizes that circumstances beyond the control of jurors can arise, and ensures that the trial process continues without interruption or delay. However, it is important that the power to select a replacement juror is exercised with care and attention to the important role that jurors play in the administration of justice.
STRATEGY
Section 644(1.1) of the Criminal Code of Canada provides judges with the option to replace a juror if they cannot continue to participate due to illness or other reasonable cause. This is a critical provision as it helps to ensure that the trial can proceed with a full jury, which is essential for a fair and impartial hearing. When dealing with this section of the Criminal Code, there are several strategic considerations that lawyers and judges must take into account. Firstly, it is important to consider the timing of the replacement. If the juror must be replaced before the trial has begun hearing evidence, the new juror will have no prior knowledge of the case. This could be seen as an advantage as they will come to the case with an open mind. However, if a juror is replaced midway through the trial, the new juror may have difficulty catching up on the evidence that has already been presented. This may result in the new juror feeling ill-equipped to make an informed decision. Secondly, it is important to consider the makeup of the replacement juror. One option for selecting a replacement is to draw a name randomly from a panel of potential jurors who are present at the time of replacement. If the original juror was from a particular demographic or had specific knowledge or biases that may have influenced their decision-making, it may be useful to select a replacement juror who is different in some way. For example, if the original juror was of a specific gender or ethnicity, it may be beneficial to select a replacement juror who brings a different perspective to the trial. Thirdly, it may be important to consider the impact of the replacement on the rest of the jury. Replacing a juror can be disruptive to the rest of the jury and can cause delays in the trial proceedings. If the original juror was particularly close with other jurors or was seen as a leader within the group, their absence may impact the morale or decision-making of the remaining jurors. In this case, it may be helpful to select a replacement juror who is able to integrate into the group and work collaboratively with the rest of the jury. Several strategies can be employed to effectively replace a juror under Section 644(1.1). One strategy is to ensure that the replacement juror is familiar with the key aspects of the case before they begin their duties. This can be accomplished through providing the replacement juror with transcripts or summaries of the evidence that has already been presented in court. Additionally, it may be helpful to provide the replacement juror with an opportunity to ask questions or engage in discussions with other jurors to ensure that they are fully informed. Another strategy is to ensure that the selection process for the replacement juror is fair and transparent. This can help to build trust and confidence in the trial proceedings and ensure that the jurors feel that their opinions are being respected and valued. In conclusion, Section 644(1.1) of the Criminal Code of Canada is an essential provision that helps to ensure that trials can proceed with a full jury even if one juror must be replaced. When dealing with this section, it is important to consider the timing of the replacement, the makeup of the replacement juror, and the impact of the replacement on the rest of the jury. Employing strategies such as providing the replacement juror with relevant information and ensuring that the selection process is fair and transparent can help to ensure that the replacement process is successful.