Juries Act, R.S.O. 1990, c. J.3 (Historical version for the period March 22, 2023 to March 5, 2024)

• Jurisdiction: Ontario
• Coming into Force: 22 March 2023
• End of Effective Date: 05 March 2024
• Status: historical

Juries Act

R.S.O. 1990, Chapter J.3

Consolidation Period: From March 22, 2023 to the e-Laws currency date.

Last amendment: 2023, c. 2, Sched. 3.

CONTENTS

Definitions

1 In this Act,

“jury area” means a jury area established by the regulations; (“zone de constitution de jurys”)

“jury questionnaire” means the jury questionnaire provided under section 6; (“questionnaire pour la sélection d’un jury”)

“Jury Sheriff” means the person to whom the powers and duties of a Jury Sheriff are assigned under section 73 of the Courts of Justice Act; (“shérif chargé des jurys”)

“prescribed” means prescribed by the regulations; (“prescrit”)

“regulations” means the regulations made under this Act; (“règlements”)

“upper-tier municipality” has the same meaning as in subsection 1 (1) of the Municipal Act, 2001. (“municipalité de palier supérieur”) R.S.O. 1990, c. J.3, s. 1; 1997, c. 43, Sched. G, s. 22; 2001, c. 8, s. 206; 2017, c. 20, Sched. 2, s. 27; 2019, c. 7, Sched. 35, s. 1; 2023, c. 2, Sched. 3, s. 1.

Section Amendments with date in force (d/m/y)

1997, c. 43, Sched. G, s. 22 - 31/12/1998

2001, c. 8, s. 206 - 29/06/2001

2017, c. 20, Sched. 2, s. 27 - 01/01/2018

2019, c. 7, Sched. 35, s. 1 (1-3) - 29/05/2019

2023, c. 2, Sched. 3, s. 1 - 22/03/2023

Eligibility

Eligible jurors

2 Subject to sections 3 and 4, a person is eligible and liable to serve as a juror on juries in the Superior Court of Justice if the person,

(a) resides in Ontario;

(b) is a Canadian citizen;

(c) is at least 18 years of age at the beginning of the year in which the jury is selected; and

(d) can speak, read and understand English or French. 2019, c. 7, Sched. 35, s. 2.

Section Amendments with date in force (d/m/y)

2006, c. 19, Sched. C, s. 1 (1) - 22/06/2006

2019, c. 7, Sched. 35, s. 2 - 29/05/2019

Ineligibility to serve as juror

Ineligible occupations

3 (1) The following persons are ineligible to serve as jurors:

1. Every member of the Privy Council of Canada or the Executive Council of Ontario.

2. Every member of the Senate, the House of Commons of Canada or the Assembly.

3. Every judge and every justice of the peace.

4. Every barrister and solicitor and every student-at-law.

5. Every legally qualified medical practitioner and veterinary surgeon who is actively engaged in practice and every coroner.

6. Every person engaged in the enforcement of law including, without restricting the generality of the foregoing, sheriffs, wardens of any penitentiary, superintendents, jailers or keepers of prisons, correctional institutions or lock-ups, sheriff’s officers, police officers, firefighters who are regularly employed by a fire department for the purposes of subsection 41 (1) of the Fire Protection and Prevention Act, 1997, and officers of a court of justice. R.S.O. 1990, c. J.3, s. 3 (1); 1994, c. 27, s. 48 (1); 1997, c. 4, s. 82; 2017, c. 20, Sched. 2, s. 28; 2020, c. 11, Sched. 11, s. 1.

(2) Repealed: 1994, c. 27, s. 48 (2).

Connection with court action at same sitting

(3) Every person who has been summoned as a witness or is likely to be called as a witness in a civil or criminal proceeding or has an interest in an action is ineligible to serve as a juror at any sitting at which the proceeding or action might be tried. R.S.O. 1990, c. J.3, s. 3 (3); 2019, c. 7, Sched. 35, s. 3 (1).

Previous service

(4) A person is ineligible to serve as a juror in a year if, at any time within three years preceding the year for which the jury roll is prepared, the person,

(a) attended court for jury service in response to a summons after selection from the jury roll; or

(b) attended a coroner’s inquest for jury service in response to a summons issued under subsection 33 (2) of the Coroners Act. 2019, c. 7, Sched. 35, s. 3 (2).

Section Amendments with date in force (d/m/y)

1994, c. 27, s. 48 (1-3) - 28/02/1995; 1997, c. 4, s. 82 - 29/10/1997

2017, c. 20, Sched. 2, s. 28 - 01/01/2018

2019, c. 7, Sched. 35, s. 3 (1, 2) - 29/05/2019

2020, c. 11, Sched. 11, s. 1 - 08/07/2020

Ineligibility for personal reasons

4 A person is ineligible to serve as a juror if the person,

(a) is physically or mentally unable to discharge the duties of a juror and cannot be reasonably accommodated in such a way as to allow them to perform those duties; or

(b) has been convicted of an offence that may be prosecuted by indictment, unless the person has subsequently been granted a record suspension under the Criminal Records Act (Canada) or a pardon. 2019, c. 7, Sched. 35, s. 4.

Section Amendments with date in force (d/m/y)

2009, c. 33, Sched. 2, s. 38 (1) - 30/06/2010

2019, c. 7, Sched. 35, s. 4 - 29/05/2019

Jury source list

4.1 (1) On or before June 1 in each year, the Minister of Health shall prepare a jury source list that sets out the information described in subsection (4) and disclose it to the Jury Sheriff. 2019, c. 7, Sched. 35, s. 4; 2023, c. 2, Sched. 3, s. 2.

Uses of jury source list

(2) The jury source list shall be used only for the purposes of creating the jury roll under sections 6 to 8. 2019, c. 7, Sched. 35, s. 4.

No disclosure

(3) The Jury Sheriff shall ensure that the jury source list is not disclosed unless the Jury Sheriff is required by law to do so. 2019, c. 7, Sched. 35, s. 4.

Contents of jury source list

(4) The jury source list must contain the names and addresses of every person who, according to the most recent information available to the Minister of Health,

(a) is registered as an insured person under the Health Insurance Act and the regulations made under it;

(b) resides in Ontario;

(c) is a Canadian citizen; and

(d) is at least 18 years of age or will attain the age of 18 on or before December 31 of the year in which the list is provided. 2019, c. 7, Sched. 35, s. 4; 2023, c. 2, Sched. 3, s. 2.

Secrecy of jury source list

(5) The Jury Sheriff shall keep the jury source list in a secure location or, in the case of an electronic jury source list, in a secure database under the control of the Jury Sheriff. 2019, c. 7, Sched. 35, s. 4.

Section Amendments with date in force (d/m/y)

2019, c. 7, Sched. 35, s. 4 - 29/05/2019

2023, c. 2, Sched. 3, s. 2 - 22/03/2023

Preparation of Jury Rolls

Duty of local sheriff to determine number of jurors on roll

5 (1) The local sheriff for a jury area shall, on or before September 15 in each year, determine for the ensuing year,

(a) the number of jurors that will be required for each sitting of the Superior Court of Justice in the jury area;

(b) the number of persons that will be required for selection from the jury roll for the purposes of any other Act in the jury area; and

(c) the aggregate number of persons that will be so required. 2019, c. 7, Sched. 35, s. 4.

Required number of jury questionnaires

(2) The local sheriff shall determine the number of persons in the jury area who need to be mailed a jury questionnaire or instructions to access a jury questionnaire in order to attain the aggregate number of persons described in clause (1) (c) and shall submit that information to the Jury Sheriff. 2019, c. 7, Sched. 35, s. 4; 2023, c. 2, Sched. 3, s. 3.

Section Amendments with date in force (d/m/y)

2006, c. 19, Sched. C, s. 1 (1) - 22/06/2006

2017, c. 20, Sched. 2, s. 29 - 01/01/2018

2019, c. 7, Sched. 35, s. 4 - 29/05/2019

2023, c. 2, Sched. 3, s. 3 - 22/03/2023

Jury questionnaires

6 (1) In each year on or before October 31, the Jury Sheriff shall cause a jury questionnaire, in the prescribed form, and a prepaid return envelope to be mailed to the number of persons in each jury area specified in the local sheriff’s determination under section 5. 2023, c. 2, Sched. 3, s. 4.

Jury questionnaires, electronic method

(2) Instead of causing a jury questionnaire and envelope to be mailed in accordance with subsection (1), the Jury Sheriff may cause instructions to be mailed to a person setting out how the person may access and complete a jury questionnaire, in the prescribed form, by an electronic method specified in the instructions. 2023, c. 2, Sched. 3, s. 4.

Required information

(3) The information provided under subsection (1) or (2) must include instructions on how the person may,

(a) request accommodation for accessibility reasons, as described in subsection (7); and

(b) in the case of a questionnaire that is to be accessed and completed electronically, request that the person instead be mailed a copy of the jury questionnaire and a prepaid return envelope, as described in subsection (9). 2023, c. 2, Sched. 3, s. 4.

Random selection

(4) The Jury Sheriff shall randomly select the required number of persons to receive the jury questionnaire or instructions from among the persons whose names and addresses are included in the jury source list provided by the Minister of Health under subsection 4.1 (2). 2023, c. 2, Sched. 3, s. 4.

Address for mailing

(5) The jury questionnaire or instructions shall be mailed to the most recent address of the person provided by the Minister of Health under section 4.1. 2023, c. 2, Sched. 3, s. 4.

Submission of jury questionnaire

(6) Every person who receives the jury questionnaire or instructions shall, within 30 days after receiving them, accurately and truthfully complete the jury questionnaire and submit it to the Jury Sheriff in the manner specified by the Jury Sheriff. 2023, c. 2, Sched. 3, s. 4.

Request for accommodation

(7) A person who receives a jury questionnaire or instructions to access or complete a jury questionnaire and who requires accommodation for accessibility reasons may, no later than 10 days after receiving the jury questionnaire or instructions, make a request to the Jury Sheriff that specifies their accommodation needs. 2023, c. 2, Sched. 3, s. 4.

Same

(8) If the person makes the request described in subsection (7),

(a) the Jury Sheriff shall provide reasonable accommodation of the person’s needs, which may include providing the jury questionnaire...