Q: I have been called for jury duty. I have chores and obligations on the farm and I don’t want to serve. Can you explain how this system works and whether I can get out of serving on a jury?
A: Trial by a jury of one’s peers is a fundamental right in Canadian law. While many people are reluctant to serve as a juror, those who do often report it as a positive experience.
Provincial civil cases have juries of six people. Criminal cases have 12 jurors, although not every civil or criminal case uses a jury. Most are decided by judges alone.
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Names are selected at random using provincial health cards or voters’ lists. Drivers’ licences or phone numbers are not used because some people do not have either and juries are to be as democratically selected as is possible.
A potential juror will receive a summons in the mail that says where and when to report for jury duty.
Only adults can be jurors. They must be Canadian citizens and live in the province in which the case is being adjudicated. Some people are disqualified, such as police officers, lawyers, trustees in bankruptcy or employees of the justice department. Spouses of such persons are also often disqualified. People who have been convicted of a serious criminal offence may be disqualified. If a person thinks he is not qualified to serve, the summons will have a form to send back to the court in which to explain the situation.
A person can decide not to serve if he is older than 65, is in bad health, or is a full-time student. The court must be notified of these circumstances. Also, if a person’s circumstances are such that jury duty would cause hardship, contact the sheriff and explain. Those who are parents with primary care of a small child, under a language or mental disability, have booked travel plans that cannot be changed, or run a business that would be jeopardized if serving as a juror, may be excused from duty. But in all cases, the person must contact the sheriff or appear at the courthouse. Ignoring a jury summons can have serious consequences.
On the summons date lawyers will select jurors. If a person is not selected, he is free to leave. If chosen, the person is sworn in, then told to return when the trial starts, which could be that day.
If the person selected as a juror works, his employer cannot fire him because he is on a jury. The employer doesn’t have to pay the juror while he is hearing a case, but he doesn’t lose hours or seniority.
The government pays a modest daily amount and provides meals while the jury sits.
In terms of the job of juror, the judge will provide guidance and instructions. Pay attention and listen carefully. At the end of the case, the judge will define the issues the jury is to decide and the lawyers will speak to help the jury make its decision. Take the task seriously and it can be a rewarding experience.
Rick Danyliuk is a practising lawyer in Saskatoon with McDougall Gauley LLP. He also has experience in teaching and writing about legal issues. His columns are intended as general advice only. Individuals are encouraged to seek other opinions and/or personal counsel when dealing with legal matters.
