Supreme Court

Judge:

The Honourable Justice Peter P. Rosinski

Heard:

By written submissions only

Subject:

Challenge for cause in criminal jury trials – s. 638(1)(b) of the Criminal Code – consideration of challenge for cause that potential jurors will not be indifferent between the Queen and the Accused based on a suggested generic bias arising from the nature of the offences charged (i.e. break and enter).

Summary:

The Defendant was charged with numerous break and enters (s. 348 Criminal Code) and sought to challenge for cause each prospective juror based on his assertion that sufficient numbers of the community from which the juror pool originates, have been victims of break and enters, and that they have a consequent bias, which could not be cleansed by trial safeguards, against persons charged with break and enter.

Issues:

Should the Defendant be permitted to challenge for cause, pursuant to s. 638(1)(b) of the Criminal Code, each prospective juror?

Result:

A review of the leading case from the Supreme Court of Canada regarding offence-based claims of generic bias (R. v. Find, 2001 SCC 32) led to the conclusion that no challenge for cause questions should be put to prospective jurors in this case.