The Mechanics of Peremptory Challenges

• Author: David M. Tanovich; David Paciocco; Steven Skurka
• Pages: 171-174

CHAPTER9

THE

MECHANICS

OF

PEREMPTORY

CHALLENGES

9.1

WHAT

IS

A

PEREMPTORY

CHALLENGE?

A

peremptory challenge

is a

statutory vehicle

to

challenge

and

ulti-

mately

have

removed

from

the

jury panel

a

potential juror, without hav-

ing first to

give

cause

and

without having cause

to be

found

by a

neutral

trier

of

fact.

9.2 WHO IS

ENTITLED

TO

PEREMPTORY

CHALLENGES?

By

virtue

of

sections

634(1)

and (2) of the

Criminal

Code,

both

defence

counsel

and

Crown attorneys

are

entitled

to

challenge potential jurors

peremptorily.

These sections

read:

634.(1)

A

juror

may be

challenged peremptorily whether

or not the

juror

has

been challenged

for

cause pursuant

to

section

638.

(2)

Subject

to

subsections

(3) and

(4),

the

prosecutor

and the

accused

are

each

entitled

to

(a)

twenty peremptory challenges, where

the

accused

is

charged

with high treason

or first

degree murder;

(b)

twelve peremptory challenges, where

the

accused

is

charged

with

an

offence,

other than

an

offence

mentioned

in

paragraph

171