The Meaning and Purpose of a Challenge for Cause

• Author: David M. Tanovich; David Paciocco; Steven Skurka
• Pages: 84-94

THE

MEANING

AND

PURPOSE

OF A

CHALLENGE

FOR

CAUSE

4.1 THE

MEANING

OF

A

CHALLENGE

FOR

CAUSE

A

challenge

for

cause occurs when either

a

prosecutor

or the

accused

seeks

to

have

one or

more potential jurors

disqualified

on one of the

grounds enumerated

in

section 638(1)

of the

Criminal

Code

of

Canada.

It

is

a

means

by

which either

the

Crown

or the

accused

can

"rid

the

jury

of

prospective

members

who are not

indifferent

or who

otherwise

fall

within"

one of the

enumerated grounds:

R. v.

Sherratt,

[1991]

1

S.C.R.

509

at

533.

4*2

THE

GROUNDS

FOR

CHALLENGE

FOR

CAUSE

Permissible

grounds

for

challenge

for

cause

are

described

in the

Criminal

Code

as

follows:

63

8.(1)

A

prosecutor

or an

accused

is

entitled

to any

number

of

challenges

on

the

ground that

(a)

the

name

of the

juror does

not

appear

on the

panel,

but no

misnomer

or

misdescription

is a

ground

of

challenge where

it

appears

to the

court

that

the

description given

on the

panel

sufficiently

designates

the

person referred

to;

(b)

a

juror

is not

indifferent

between

the

Queen

and the

accused;

84

CHAPTER 4