PART XXProcedure in Jury Trials and General Provisions (continued)
Empanelling Jury (continued)
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,
- 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636 and 637 [Repealed, 1992, c. 41, s. 2]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
(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(3) and (4) [Repealed, 1997, c. 18, s. 74]
(5) [Repealed, R.S., 1985, c. 31 (4th Supp.), s. 96]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.
Marginal note:Challenge in writing
(2) A challenge may be in Form 41.
(3) A challenge may be denied by the other party to the proceedings on the ground that it is not true.
- R.S., c. C-34, s. 568.
Marginal note:Objection that name not on panel
640 (1) Where the ground of a challenge is that the name of a juror does not appear on the panel, the issue shall be tried by the judge on the voir dire by the inspection of the panel, and such other evidence as the judge thinks fit to receive.
Marginal note:Other grounds
(2) If the ground of a challenge is one that is not mentioned in subsection (1) and no order has been made under subsection (2.1), the two jurors who were last sworn — or, if no jurors have been sworn, two persons present who are appointed by the court for the purpose — shall be sworn to determine whether the ground of challenge is true.
Marginal note:Challenge for cause
(2.1) If the challenge is for cause and if the ground of the challenge is one that is not mentioned in subsection (1), on the application of the accused, the court may order the exclusion of all jurors — sworn and unsworn — from the court room until it is determined whether the ground of challenge is true, if the court is of the opinion that such an order is necessary to preserve the impartiality of the jurors.
Marginal note:Exclusion order
(2.2) If an order is made under subsection (2.1), two unsworn jurors, who are then exempt from the order, or two persons present who are appointed by the court for that purpose, shall be sworn to determine whether the ground of challenge is true. Those persons so appointed shall exercise their duties until 12 jurors — or 13 or 14 jurors, as the case may be, if the judge makes an order under subsection 631(2.2) — and any alternate jurors are sworn.
Marginal note:If challenge not sustained, or if sustained
(3) Where the finding, pursuant to subsection (1), (2) or (2.2) is that the ground of challenge is not true, the juror shall be sworn, but if the finding is that the ground of challenge is true, the juror shall not be sworn.
Marginal note:Disagreement of triers
(4) Where, after what the court considers to be a reasonable time, the two persons who are sworn to determine whether the ground of challenge is true are unable to agree, the court may discharge them from giving a verdict and may direct two other persons to be sworn to determine whether the ground of challenge is true.
- R.S., 1985, c. C-46, s. 640;
- 2008, c. 18, s. 26;
- 2011, c. 16, s. 9.
Marginal note:Calling persons who have stood by
641 (1) If a full jury and any alternate jurors have not been sworn and no cards remain to be drawn, the persons who have been directed to stand by shall be called again in the order in which their cards were drawn and shall be sworn, unless excused by the judge or challenged by the accused or the prosecutor.
Marginal note:Other persons becoming available
(2) If, before a person is sworn as a juror under subsection (1), other persons in the panel become available, the prosecutor may require the cards of those persons to be put into and drawn from the box in accordance with section 631, and those persons shall be challenged, directed to stand by, excused or sworn, as the case may be, before the persons who were originally directed to stand by are called again.
- R.S., 1985, c. C-46, s. 641;
- 1992, c. 41, s. 3;
- 2001, c. 32, s. 41;
- 2002, c. 13, s. 55;
- 2011, c. 16, s. 10.
Marginal note:Summoning other jurors when panel exhausted
642 (1) If a full jury and any alternate jurors considered advisable cannot be provided notwithstanding that the relevant provisions of this Part have been complied with, the court may, at the request of the prosecutor, order the sheriff or other proper officer to summon without delay as many persons, whether qualified jurors or not, as the court directs for the purpose of providing a full jury and alternate jurors.
(2) Jurors may be summoned under subsection (1) by word of mouth, if necessary.
Marginal note:Adding names to panel
(3) The names of the persons who are summoned under this section shall be added to the general panel for the purposes of the trial, and the same proceedings shall be taken with respect to calling and challenging those persons, excusing them and directing them to stand by as are provided in this Part with respect to the persons named in the original panel.
- R.S., 1985, c. C-46, s. 642;
- 1992, c. 41, s. 4;
- 2002, c. 13, s. 56.
Marginal note:Substitution of alternate jurors
642.1 (1) Alternate jurors shall attend at the commencement of the presentation of the evidence on the merits and, if there is not a full jury present, shall replace any absent juror, in the order in which their cards were drawn under subsection 631(3).
Marginal note:Excusing of alternate jurors
(2) An alternate juror who is not required as a substitute shall be excused.
- 2002, c. 13, s. 57;
- 2011, c. 16, s. 11.
Marginal note:Who shall be the jury
643 (1) The 12, 13 or 14 jurors who are sworn in accordance with this Part and present at the commencement of the presentation of the evidence on the merits shall be the jury to hear the evidence on the merits.
Marginal note:Names of jurors
(1.1) The name of each juror, including alternate jurors, who is sworn shall be kept apart until the juror is excused or the jury gives its verdict or is discharged, at which time the name shall be returned to the box as often as occasion arises, as long as an issue remains to be tried before a jury.
Marginal note:Same jury may try another issue by consent
(2) The court may try an issue with the same jury in whole or in part that previously tried or was drawn to try another issue, without the jurors being sworn again, but if the prosecutor or the accused objects to any of the jurors or the court excuses any of the jurors, the court shall order those persons to withdraw and shall direct that the required number of cards to make up a full jury be drawn and, subject to the provisions of this Part relating to challenges, orders to excuse and directions to stand by, the persons whose cards are drawn shall be sworn.
Marginal note:Sections directory
(3) Failure to comply with the directions of this section or section 631, 635 or 641 does not affect the validity of a proceeding.
- R.S., 1985, c. C-46, s. 643;
- 1992, c. 41, s. 5;
- 2001, c. 32, s. 42;
- 2002, c. 13, s. 58;
- 2011, c. 16, s. 12.
- Date modified: