section 644(1)

INTRODUCTION AND BRIEF DESCRIPTION

The judge may discharge a juror due to illness or other reasonable cause during a trial.

SECTION WORDING

644(1) Where in the course of a trial the judge is satisfied that a juror should not, by reason of illness or other reasonable cause, continue to act, the judge may discharge the juror.

EXPLANATION

Section 644(1) of the Criminal Code of Canada is a provision that provides judges with the authority to discharge jurors from jury duty if they are unable to fulfill their responsibilities for reasonable causes. The provision empowers the judge to consider circumstances that may arise during a trial, which may cause a juror to be unable to continue with the proceedings of the trial till the end. The provision is there to ensure that a juror's illness or any other reasonable cause does not impede the effectiveness of the trial. If the judge finds it necessary to discharge a juror, they have the right to do so without compromising the integrity of the legal proceedings. This provision ensures that the trial continues to be fair and unbiased, as the judge has the discretion to replace the discharged juror with a new one. The reasonable cause referred to in the provision can include a wide range of factors, including but not limited to illness, family emergencies, and work-related or personal commitments that may affect the ability of the juror to complete their duties. In such situations, the juror may not be able to participate meaningfully in the trial's deliberations, which may negatively impact the outcome of the trial. In conclusion, the provision in Section 644(1) of the Criminal Code of Canada ensures that jurors are not subjected to unreasonable circumstances that prevent them from performing their duties effectively. It not only protects the interests of the juror but also safeguards the rights of the accused and the integrity of the legal system.

COMMENTARY

Section 644(1) of the Criminal Code of Canada allows for the discharge of a juror from a trial, based on certain conditions. The specific condition in this section is related to illness or other reasonable cause. This section is important because the integrity of the jury system is critical for upholding the criminal justice system in Canada. Jurors are responsible for determining the guilt or innocence of individuals accused of crimes, and their impartiality is a crucial component of the legal process. In situations where a juror is ill or has some other reasonable cause that prevents them from continuing in their duties, the judge has the power to discharge them. This is important because a juror who is unable to perform their duties due to illness or other circumstances may compromise the integrity of the trial. Additionally, if a juror is unable to continue with the trial, they may be replaced by alternates, ensuring that the required number of jurors remains intact throughout the proceedings. The concept of "reasonable cause" may vary depending on the circumstances of each case. However, examples of reasonable causes may include personal emergencies, family emergencies, or illness. The judge has the discretion to decide what constitutes reasonable cause, and their ruling is usually not subject to appeal. It is important to note that the discharge of a juror does not mean that their opinion or observations are necessarily disregarded by the remaining jurors. Instead, the discharged juror's opinion is removed from the deliberations, and the remaining jurors are left to reach a verdict based on the evidence presented in court. Section 644(1) is a necessary component of the jury system as it ensures that the trial can continue without interruption, while also maintaining the impartiality of the jury. If a juror is unable to perform their duties, their removal allows for the replacement of the juror while ensuring that the trial proceeds smoothly. The discharge of a juror also ensures that the verdict is not unduly influenced by a juror who is unable to perform their duties. In conclusion, section 644(1) of the Criminal Code of Canada is a critical component of the Canadian jury system. It provides judges with the necessary tools to ensure that the trial runs smoothly while maintaining the impartiality of the jury. The discharge of a juror due to illness or other reasonable cause is an essential safeguard to ensure that the criminal justice system in Canada operates fairly and effectively.

STRATEGY

Jury selection is a crucial part of any trial. The selection process ensures a fair and impartial trial which is a fundamental pillar of Canada's justice system. However, unexpected circumstances may arise during a trial that may force a juror to be discharged from duty. In such cases, Section 644(1) of the Criminal Code of Canada provides guidelines for the judge to discharge a juror. Strategic considerations when dealing with Section 644(1) should be aimed at ensuring that the integrity of the trial process is maintained. When a juror is discharged, it can be a challenging decision for the judge to make. The judge must be careful not to prejudice the remaining jurors while simultaneously ensuring that the disqualified juror's absence does not jeopardize the defendant's fair trial rights. One strategy that could be employed is to ensure that the trial process remains transparent. The judge should ensure that the reasons for disqualifying a juror are clearly communicated to the parties involved in the trial. By doing so, the judge can prevent any potential biases from being developed by the remaining jurors or the public. Another strategy that could be employed is to avoid disqualifying jurors during the later stages of the trial. If a juror is discharged during the later stages of the trial, it could lead to a retrial, since the discharge could be seen as prejudicing the defendant's right to a fair trial. This can be a costly and time-consuming process, which could be avoided by discharging jurors during the early stages of trial proceedings. Another important consideration when dealing with Section 644(1) is the need to ensure that the selection process is free from any form of discrimination. The judge should ensure that the reasons for disqualifying a juror are not discriminatory or based on personal biases. In conclusion, Section 644(1) of the Criminal Code of Canada provides an important legal provision that enables judges to discharge jurors where necessary. However, discharging jurors should be done with utmost caution, to ensure that the integrity of the trial process is maintained. Strategic considerations when dealing with this section of the Criminal Code should be aimed at maintaining a fair and impartial trial process, free from any form of discrimination. With the right strategies, judges can ensure that any discharged jurors do not prejudice the fairness of the trial, while ensuring that the defendant's right to a fair trial is upheld.