PART XXProcedure in Jury Trials and General Provisions (continued)
Empanelling Jury (continued)
636 and 637 [Repealed, 1992, c. 41, s. 2]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 impartial;
(c) a juror has been convicted of an offence for which they were sentenced to a term of imprisonment of two years or more and for which no pardon or record suspension is in effect;
(d) a juror is not a Canadian citizen;
(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(3) and (4) [Repealed, 1997, c. 18, s. 74]
(5) [Repealed, R.S., 1985, c. 31 (4th Supp.), s. 96]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
- 2019, c. 25, s. 271
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:Determination of challenge for cause
640 (1) If a challenge is made on a ground mentioned in section 638, the judge shall determine whether the alleged ground is true or not and, if the judge is satisfied that it is true, the juror shall not be sworn.
Marginal note:Exclusion order
(2) On the application of the accused or prosecutor or on the judge’s own motion, the judge 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 judge is of the opinion that the order is necessary to preserve the impartiality of the jurors.
- R.S., 1985, c. C-46, s. 640
- 2008, c. 18, s. 26
- 2011, c. 16, s. 9
- 2019, c. 25, s. 272
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
Marginal note:Discharge of juror
Marginal note:Replacement of juror
(1.1) A judge may select another juror to take the place of a juror who by reason of illness or other reasonable cause cannot continue to act, if the jury has not yet begun to hear evidence, either by drawing a name from a panel of persons who were summoned to act as jurors and who are available at the court at the time of replacing the juror or by using the procedure referred to in section 642.
Marginal note:Trial may continue
(2) Where in the course of a trial a member of the jury dies or is discharged pursuant to subsection (1), the jury shall, unless the judge otherwise directs and if the number of jurors is not reduced below ten, be deemed to remain properly constituted for all purposes of the trial and the trial shall proceed and a verdict may be given accordingly.
Marginal note:Trial may continue without jury
(3) If in the course of a trial the number of jurors is reduced below 10, the judge may, with the consent of the parties, discharge the jurors, continue the trial without a jury and render a verdict.
- R.S., 1985, c. C-46, s. 644
- 1992, c. 41, s. 6
- 1997, c. 18, s. 75
- 2019, c. 25, s. 273
- Date modified: