Q:I have been summoned for jury duty. Do I have to go? What can I do to get out of it? What happens if I don’t show up?
A:Many people see jury duty as an annoyance and not a civic duty and blame their important jobs for being unable to serve.
Defendants also need to have juries consisting of their peers, not made up only of those who feel like serving or have more leisure time.
I get more questions about how to get out of jury duty than I do as to what are the duties and rights of a juror. There’s an old saying in the justice system that every person who is accused of a crime has the right to be tried in front of 12 people too stupid to get out of jury duty.
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That’s a cynical but accurate view of how the public sees this crucial service.
Juries are vital within our system. While the system’s roots can be traced to ancient Greece and Rome, our jury system really had its beginnings in England. Because the court system was slanted in favour of the king or of nobility, the jury became something of an equalizer.
One’s fellow citizens were seen as more likely to do justice than one’s superiors, who were often of the same class as the person suing or accusing you.
Generally, jurors determine the facts. The law is left up to the judge, who tells a jury what the law is and how to apply it to the facts. Jurors are
Some people who are prohibited from serving include:
•There is an applicable list of criminal offences and if you have been convicted of one of them you may be disqualified.
•If you are a police officer, lawyer, trustee in bankruptcy or the spouse of such a person, you may be excused.
given complex instructions as to what to do and how to assess a case. They are expected to leave any prejudices or preconceived notions outside the courtroom, but it is hoped they bring their common sense along.
Jurors are selected at random. The selection system varies on a provincial basis. Often health-card numbers are searched at random to come up with the best cross-section of jurors.
A summons is mailed to each juror, telling them when and where to show up for court. There is also a form attached to the summons, which allows the prospective juror to explain why he or she cannot attend or should not serve.
These reasons not to serve, often called exemptions, also vary provincially. In many places if you are older than 65 you can ask to be excused.
If you have a significant health problem or are a primary caregiver to some other person (such as a young child or an aged parent) you may ask to be excused.
You can sometimes be exempted if you attend school full time. You may also ask to be excused if serving on the jury would bring about extreme hardship for you, such as in your place of work or within your home.
If you cannot speak or understand the language of the trial adequately, you may be excused.
Still, one should look at jury duty not as an inconvenience but as a privilege and a duty coming from living in a democratic country. Jurors ensure that the decisions as to legal matters are not just made by a privileged few, but by a broad cross-section of Canadians who can reflect the views of modern society, even as they shift.
A juror is an average person who should be impartial. He or she must listen carefully to all the evidence and make up their mind based on that evidence and nothing else.
Jurors’ decisions reaffirm our view of Canada’s laws and that they exist for all, not just for a few chosen people.
So when you get your juror notice, don’t automatically think about how to get out of it. Think about what it means to be a Canadian, a free person, and how this experience can help contribute to our justice system.
Rick Danyliuk is a lawyer with McDougall Gauley LLP in Saskatoon.
