Marginal note:Order of challenges
635. (1) The accused shall be called on before the prosecutor is called on to declare whether the accused challenges the first juror, for cause or peremptorily, and thereafter the prosecutor and the accused shall be called on alternately, in respect of each of the remaining jurors, to first make such a declaration.
Marginal note:Where there are joint trials
(2) Subsection (1) applies where two or more accused are to be tried together, but all of the accused shall exercise the challenges of the defence in turn, in the order in which their names appear in the indictment or in any other order agreed on by them,
(a) in respect of the first juror, before the prosecutor; and
(b) in respect of each of the remaining jurors, either before or after the prosecutor, in accordance with subsection (1).
- R.S., 1985, c. C-46, s. 635;
- R.S., 1985, c. 2 (1st Supp.), s. 2;
- 1992, c. 41, s. 2.
636. and 637. [Repealed, 1992, c. 41, s. 2]
Marginal note:Challenge for cause
638. (1) A prosecutor or an accused is entitled to any number of challenges on the ground that
(a) the name of a juror does not appear on the panel, but no misnomer or misdescription is a ground of challenge where it appears to the court that the description given on the panel sufficiently designates the person referred to;
(b) a juror is not indifferent between the Queen and the accused;
(c) a juror has been convicted of an offence for which he was sentenced to death or to a term of imprisonment exceeding twelve months;
(d) a juror is an alien;
(e) a juror, even with the aid of technical, personal, interpretative or other support services provided to the juror under section 627, is physically unable to perform properly the duties of a juror; or
(f) a juror does not speak the official language of Canada that is the language of the accused or the official language of Canada in which the accused can best give testimony or both official languages of Canada, where the accused is required by reason of an order under section 530 to be tried before a judge and jury who speak the official language of Canada that is the language of the accused or the official language of Canada in which the accused can best give testimony or who speak both official languages of Canada, as the case may be.
Marginal note:No other ground
(2) No challenge for cause shall be allowed on a ground not mentioned in subsection (1).
(3) and (4) [Repealed, 1997, c. 18, s. 74]
(5) [Repealed, R.S., 1985, c. 31 (4th Supp.), s. 96]
- R.S., 1985, c. C-46, s. 638;
- R.S., 1985, c. 27 (1st Supp.), s. 132, c. 31 (4th Supp.), s. 96;
- 1997, c. 18, s. 74;
- 1998, c. 9, s. 6.
- Date modified: