What are our duties under the law?

In Canada, law and justice is not only the business of

Members of Parliament, judges, lawyers and police services!

Each of us has a part in ensuring that the law works

properly and justice is done.
Canada.justice.ca

Jury dutywhat is it really?

Serving on a jury is one way a citizen can carry out
his or her role. A jury enables those who have been charged with a criminal offence to be tried by a group of fellow citizens. (Peers)

In Canada, a criminal law jury is made up of 12

jurors selected from among citizens of the province or territory in which the court is located.

Generally, any adult Canadian citizen is qualified to

be considered for jury duty. The provinces determine the precise way of selecting jurors.

Jury Duty contd

A citizen who is called for jury duty must show up for
selection.

Being called for jury duty does not mean a person will be
selected to serve as a juror.

Some prospective jurors may not be required to do so by the

laws of their province.

Also, the prosecutor or the defence counsel may object to a

particular juror if they believe there is a reason why he or she should be disqualified. (Challenge for Cause)

Peremptory challenge: a juror can be eliminated without any

reason (limited number)

Jury Duty
During the trial, jurors must not allow themselves to be
influenced by anything except the evidence presented in court.

Jurors must make up their own minds about the truth or

honesty of the testimony given by witnesses.

Jury Duty
After both sides have called all their witnesses
and presented their arguments, the judge instructs the jury on the law and on what they must take into account when making their decision.

Then the jurors meet by themselves in a room

outside the courtroom to decide (deliberation), in a criminal case, whether the prosecutor has proven beyond a reasonable doubt that the accused is guilty.

Jury Duty
All the jurors must agree on the decision or verdict
in other words, their decision must be unanimous.

If they cannot all agree, the judge may discharge

the jury (hung jury) and direct a new jury to be empanelled (chosen) for a new trial.

After a trial, no juror is allowed to tell other people

about the discussions that took place in the jury room.

Courtroom Layout

Lets Test you

Forms of Defence
automatism

mental disorder
intoxication

mistake of fact
mistake of law self-defence compulsion

Automatism: A defence based on a claim that one's actions were not voluntary

Examples: Sleepwalking pneumonia Stroke Hypoglycaemia Psychological blows Reflex actions

Acid Test: Did ones body commit the offence independent of their mind.

Mental Disorder: A defence based on a claim that one is not capable of appreciating their actions.

Examples: mental disability schizophrenia Acid Test: Did one know that they committed the offence without understanding that it was wrong.

Intoxication: A defence based on a claim that one is not capable of appreciating their actions due to momentary intoxication.

Examples: alcohol drugs Acid Test: Was ones ability to appreciate their actions compromised to the point that they were unable to form necessary mens rea.

Mistake of Fact: A defence based on a claim that one committed the offence because they mistook a critical fact.

Example: Serving alcohol to a minor who provided fake ID

Acid Test: Would the person have not committed the offence if they had known the true fact.

Mistake of Law: A defence based on a claim that one committed the offence because they did not know that their action was against the law. This is an exception to Section 19 of the Criminal Code (Ignorance of the law is not an excuse).
Colour of Right: The offence believed they had a pre-existing right that allowed them to commit the offence. Example: Taking property to which one believed they had a claim. Officially Induced: The accused was informed that the act was not an offence by a representative of the state. Example: Ministry of Transport informed one that they could drive with an expired license.

Self Defence: A defence based on a claim that one committed the offence in order to protect themselves, another person, or property. Example: Hitting someone to prevent an attack.

Acid Test: Could the person have avoided harm without having resorted to physical violence.

Compulsion: A defence based on a claim that one committed the offence in order to avoid harm posed by way of a threat. Example: Stealing money in order to avoid being assaulted.

Acid Test: Did the person face imminent harm that could not have otherwise been avoided?
Cannot be used as a defence for: murder sexual assault etc. (anything where another life is seen as more valuable that the accuseds life)