Criminal Code

Marginal note:Peremptory challenges

• 634 (1) A juror may be challenged peremptorily whether or not the juror has been challenged for cause pursuant to section 638.

• Marginal note:Maximum number

  (2) Subject to subsections (2.1) to (4), the prosecutor and the accused are each entitled to

  • (a) twenty peremptory challenges, where the accused is charged with high treason or first degree murder;

  • (b) twelve peremptory challenges, where the accused is charged with an offence, other than an offence mentioned in paragraph (a), for which the accused may be sentenced to imprisonment for a term exceeding five years; or

  • (c) four peremptory challenges, where the accused is charged with an offence that is not referred to in paragraph (a) or (b).

• Marginal note:If 13 or 14 jurors

  (2.01) If the judge orders under subsection 631(2.2) that 13 or 14 jurors be sworn in accordance with this Part, the total number of peremptory challenges that the prosecutor and the accused are each entitled to is increased by one in the case of 13 jurors or two in the case of 14 jurors.

• Marginal note:If alternate jurors

  (2.1) If the judge makes an order for alternate jurors, the total number of peremptory challenges that the prosecutor and the accused are each entitled to is increased by one for each alternate juror.

• Marginal note:Supplemental peremptory challenges

  (2.2) For the purposes of replacing jurors under subsection 644(1.1), the prosecutor and the accused are each entitled to one peremptory challenge for each juror to be replaced.

• Marginal note:Where there are multiple counts

  (3) Where two or more counts in an indictment are to be tried together, the prosecutor and the accused are each entitled only to the number of peremptory challenges provided in respect of the count for which the greatest number of peremptory challenges is available.

• Marginal note:Where there are joint trials

  (4) Where two or more accused are to be tried together,

  • (a) each accused is entitled to the number of peremptory challenges to which the accused would be entitled if tried alone; and

  • (b) the prosecutor is entitled to the total number of peremptory challenges available to all the accused.