The Triers of the Challenge for Cause

• Author: David M. Tanovich; David Paciocco; Steven Skurka
• Pages: 162-164

C

H

A P

I

I;

R

7

THE

TRIERS

OF THE

CHALLENGE

FOR

CAUSE

7.1 THE

TRIAL JUDGE

AS

TRIER

Where

the

ground

of the

challenge

is

that

the

name

of the

juror does

not

appear

on the

panel (section

638(l)(a)

of the

Criminal

Code},

the

issue

is

tried

by the

judge

on the

voir

dire,

through

the

inspection

of the

panel

and

such other evidence

as the

judge thinks

fit to

receive: section 640(1)

of the

Criminal

Code.

This

section provides:

640.(1)

Where

the

ground

of a

challenge

is

that

the

name

of a

juror does

not

appear

on the

panel,

the

issue shall

be

tried

by the

judge

on

the

voir

dire

by the

inspection

of the

panel,

and

such

other

evi-

dence

that

the

judge thinks

fit to

receive.

7.2 TWO

JURORS

AS

TRIERS

Where

the

ground

of the

challenge

is

found

in

sections

638(l)(b)-(f)

of the

Criminal

Code,

then

the

triers

of the

challenge

are two

jurors. Either

the

triers

can be the

last

two

jurors sworn,

or,

where

no

jurors have been

sworn,

the

court

can

appoint

two

prospective jurors

as the

triers,

and

they

are

sworn

to

determine whether

the

ground

of the

challenge

is

true: sec-

tion 640(2)

of the

Criminal

Code.

This

section provides:

162