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Although there is a presumption of juror impartiality in Canadian law, this presumption may be set aside where there is evidence of widespread racial bias in the community from which the jury will be drawn. Following R. v. Parks (1993), defendants are entitled to challenge potential jurors if they believe that racial bias will interfere with the ability of the jurors to judge the case impartially. Although the challenge procedure has been in place for some time, little attention has been given to whether this procedure effectively screens jurors for bias. The present study provides an in-depth examination of the challenge for cause procedure through a detailed analysis of the jury selection phase of a sample of cases that occurred in an Ontario courthouse between 2009 and 2011. A total of 32 defendants and 1,392 prospective jurors were involved in these proceedings. Only a small minority of potential jurors (8.3%) reported that they would be unable to judge the case impartially due to the defendant’s race. Despite this, triers found on average 20.9% of prospective jurors unacceptable, suggesting that something other than expressed bias motivated the determination of juror acceptability. (PsycInfo Database Record (c) 2025 APA, all rights reserved)
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Disclaimer: This summary was generated by AI based on the content of the source document.
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Disclaimer: This summary was generated by AI based on the content of the source document.
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[From Introduction]Inherent in our constitutional right to a jury trial in criminal cases—for offences where imprisonment for five years or more is a possible sentence— is the right to have jurors who are our “peers” and “equals.” This right can be traced back to 1215 when King John signed the Magna Carta to make peace with the wealthy men of England.The route from the Magna Carta to Canadian criminal law in the early twenty-first century is long and convoluted, and extra twists and turns are added when we consider the use of juries in Canada’s North. Here, where the effects of colonialism are still felt on a daily basis, and where communities from which a jury might be drawn sometimes number only a few hundred persons, the ability to obtain a jury comprised of “the peers” of our clients, who are usually Indigenous, can be challenging and sometimes difficult. In this article I offer my perspective, as a practising criminal defence lawyer in the Northwest Territories, on the challenges we face in trying to obtain juries that truly represent the communities from which our clients originate. ... ...More
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Disclaimer: This summary was generated by AI based on the content of the source document.
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Disclaimer: This summary was generated by AI based on the content of the source document.
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Disclaimer: This summary was generated by AI based on the content of the source document.
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Disclaimer: This summary was generated by AI based on the content of the source document.
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Disclaimer: This summary was generated by AI based on the content of the source document.
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Disclaimer: This summary was generated by AI based on the content of the source document.
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Disclaimer: This summary was generated by AI based on the content of the source document.
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Disclaimer: This summary was generated by AI based on the content of the source document.
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Disclaimer: This summary was generated by AI based on the content of the source document.
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