Number of Members of a Jury

• Author: Steve Coughlan/Alex Gorlewski
• Pages: 316-318

316 The Trial Process / Jury Selection

3.2(c) Number of Members of a Jury

Jury

selection

stage

Commence

to present

evidence

Commence

deliberations

Deliver

verdict

Swear in twelve

jurors1

Select one or

two alternate

jurors2

Swear in one or

two additional

jurors3

If a full jury is

not present,

swear in one or

two alternate

jurors4

Excuse any

alternate juror

not sworn in4

If additional

jurors are

needed, select

them from

another jury

panel present or

as talesmen5

The twelve

jurors and any

additional

jurors sworn are

the jury6

If more than

twelve jurors

remain,

randomly select

names and

discharge those

jurors until only

twelve remain7

As long as ten

jurors remain,8

the judge can

permit the trial

to proceed to

verdict: s 644(2)

Generally, a jury consists of twelve members. However, rules in the Criminal

Code, RSC 1985, c C-46 [Code] permit that number to go as high as fourteen or

as low as ten in some circumstances. This chart illustrates the stages of the

process at which variations are possible. See, generally, the discussion in Steve

Coughlan, Criminal Procedure, 3d ed (Toronto: Irwin Law, 2016) at ch 10, s C(3)

(a), Mechanics of Selecting Jurors.

1. SWEAR IN TWELVE JURORS

In the ordinary course of events, s 631(5) directs that jurors will continue to be

selected from the jury array (the group of potential jurors assembled for selec-

tion) until twelve are sworn.