The Mechanics of the Challenge for Cause Procedure

• Author: David M. Tanovich; David Paciocco; Steven Skurka
• Pages: 151-161

CHAPTER 6

THE

MECHANICS

OF

THE

CHALLENGE

FOR

CAUSE PROCEDURE

6.1

DISCLOSING

THE

CHALLENGE

PRIOR

TO

TRIAL

The

Criminal

Code

of

Canada

does

not

require

that

any

notice

of an

intended challenge

for

cause

be

given

by the

challenging party

to the

court

or to the

non-challenging party.

In

some cases

no

notice will

be

possible

because

the

events leading

to the

challenge will

not

become apparent until

the

jury

is

being selected,

as

when jurors

who are not

properly

on the

panel

come

forward

or

when

it is

discovered that particular prospective jurors

may

have

a

connection

to the

case.

In

most cases, however, particularly

those involving general

or

generic challenges such

as

publicity

and

race-

based

challenges,

the

party seeking

the

challenge will know well

in

advance

that

a

challenge will

be

requested.

To

avoid delays

or

adjournments while opposing counsel

or the

judge

research

the

matter,

it is, at the

very least, prudent

and

courteous

to

pro-

vide

notice.

There

are

also practical advantages

to

doing

so.

Often

the

opposing party will agree that

it is an

appropriate case

for a

challenge

for

cause,

and

when this occurs

the

need

for

extensive legal argument

can be

avoided.

It may

also

be

possible

to

work

out the

questions

in

advance,

if

notice

is

provided.

For

these

reasons

the

usual practice

is for

parties seek-

ing to

bring general

or

generic challenges

to

provide notice

and

supporting

materials

in

advance

of the

application.

151