CRIM 330 Lecture Notes - Lecture 7: Verdict, Voir Dire, Trial
20 Jun 2018
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CRIM 330 - Lecture 7 - Evidence, Trial Procedure & Role of Juries
Determining Admissibility of Evidence at Trial: The Voir Dire
● Evidence may only be used in trial if admissible
● If there is dispute b/w Crown & Defence over admissibility of evidence, dispute resolved
by judge through process called voir dire
● Voir dire - separate hearing from trial (“trial within a trial”) focused exclusively on
admissibility of evidence
○ Trial suspended while voir dire occurs
○ At end of voir dire, judge will rule on admissibility of evidence in question
○ Then trial will resume either w/ or w/o evidence that was subject of voir dire
● Process
○ Question of admissibility is raised and voir dire requested
○ Crown will lead evidence on admissibility (including calling witnesses)
○ Defence may cross-examine Crown witnesses & call its own witnesses if
necessary
○ Crown & Defence will then make legal arguments (rules of evidence -
admissibility - are questions of law)
○ Judge makes decision
● Jury will be excluded, often there is advance agreement to hold voir dire
Juries
● Right to jury trial
○ Charter s.11(f)
■ Constitutional right to jury if max punishment for offence is 5 years
imprisonment/more
■ Accused’s election (to have jury trial) may sometimes be constitutionally
protected
○ Criminal code - mandatory criminal trials
■ Jury trials mandatory for all s.469 offences unless Crown & defence
otherwise agree
○ Criminal code - elections
■ Recall right of accused to elect mode of trial for many offences.. And one
of options is jury trial - only other way to not have to go through jury trial is
to convince Crown
■ If Crown proceeds by direct indictment then default is jury trial, unless
accused elects otherwise
■ Crown can veto election & force jury trial if punishment is 5 years or more,
but Crown cannot force jury trial if accused wants jury trial
● Jury selection - empaneling (jury or array of prospective jurors)
○ Introduction
find more resources at oneclass.com
find more resources at oneclass.com
■ First step in selection process - to put together “panel” or “array” of
prospective jurors, jury will be selected from array
■ Provincial constitutional responsibility under s.92(14) Constitution Act,
1867
■ Process takes place outside courtroom & is conducted by sheriffs
Qualifications
● Qualifications of jurors determined by provincial legislature under provincial legislation
○ Moves to federal after entering courtroom
● Basic qualifications under Jury Act
○ Canadian citizen
○ Age of majority
○ Resident of BC
● Some people are disqualified from service
○ MP’s and MLA’s (current members)
○ Lawyers
○ Peace officers (includes police officers & all other law enforcement)
○ Those convicted in last 5 years of certain offences ($2000/1yr+)
○ Those charged w/ certain offences ($2000/1yr+)
● Concern that people might be deferential if there are people such as police officers
○ Want jury members to make their own decisions
Exemptions
● Provincial legislation legislation allows for people who are otherwise qualified to serve as
jurors to be exempted from service at discretion of sheriff
● There is age exemption, anyone over age of 65 can be exempted simply by asking
● Most common exemption - where “...serving as a juror may cause serious hardship or
loss to the person or to others” … would apply to
○ Single parents/nursing mothers
○ Owners of small businesses
○ Post-secondary students
● Hardship exemption truly at discretion of sheriff, but denial can be appealed to judge
who can allow exemption
Representative Panel
● Considered important that panel from which jury selected be broadly representative of
general population
○ Means need justifiable process that will give us best shot possible at
representative array
● Done through random sampling
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Crim 330 - lecture 7 - evidence, trial procedure & role of juries. Determining admissibility of evidence at trial: the voir dire. Evidence may only be used in trial if admissible. If there is dispute b/w crown & defence over admissibility of evidence, dispute resolved by judge through process called voir dire. Voir dire - separate hearing from trial ( trial within a trial ) focused exclusively on admissibility of evidence. At end of voir dire, judge will rule on admissibility of evidence in question. Then trial will resume either w/ or w/o evidence that was subject of voir dire. Question of admissibility is raised and voir dire requested. Crown will lead evidence on admissibility (including calling witnesses) Defence may cross-examine crown witnesses & call its own witnesses if necessary. Crown & defence will then make legal arguments (rules of evidence - admissibility - are questions of law)
