1994 Charlottetown PE Civil Section Documents - Report on Jury Reform 1. SHOULD THE PROVINCIAL AND FEDERAL JURY SYSTEMS BE

If representativeness and impartiality and administrative efficiency are the principles to guide reform, how can this be achieved in changes to the law and the administration of the jury system? In general, the provinces control the "out of court" selection process, subject to federal review and some regulation during the "in court" proceedings under the Criminal Code. [...] The principal that jurors should be drawn as much as possible, subject to the right of the accused or the Crown's right to apply for a change of venue, from the "community" in which the offence occurred (or some suggest "charged") should be adopted. [...] The supervisory power of the federal government in criminal trial(s) through the challenge to the array or panel should be broadened to reflect case law which does not require intentional design on the part of the personnel administering the jury system as a basis for challenge. [...] As much as possible, subject the right of the accused (or Crown) to change venue, the jury should be drawn from the community in which the offence occurred (or charge is laid) irrespective of the location of the trial. [...] RECOMMENDATION: The Committee is unresolved as to whether the Criminal Code should be amended to provide for the participation of unilingual Aboriginal jurors with provision for translation irrespective of the ethnic origin of the accused.