Jury Regulations

Regulation
Registration
R-034-99
Source
Unofficial consolidation PDF (justice.gov.nt.ca)
Under
Jury Act

This is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.

  • s.1 amended by R-085-2007,s.2
  • s.3 amended by R-004-2016,s.2
  • s.4 amended by R-004-2016,s.2
  • s.6 amended by R-085-2007,s.5(2)
  • s.7 amended by R-085-2007,s.6
  • s.8 amended by R-004-2016,s.4
  • s.9 amended by R-004-2016,s.5
  • s.10 amended by R-004-2016,s.6
  • s.11 amended by R-055-2018,s.2
  • s.12 repealed by R-055-2018,s.2
  • s.14 repealed by R-004-2016,s.9
  • s.15 repealed by R-004-2016,s.9
Contents
1. 1 2. 2 3. 3 4. 4 5. 5 6. 6 7. 7 8. 8 9. 9 10. 10 11. 11 12. Repealed 13. 13 14. Repealed 15. Repealed SCHEDULE (Section 5)

The Commissioner, on the recommendation of the Minister, under section 34 of the Jury Act and every enabling power, makes the Jury Regulations.

INTERPRETATION

1.

In these regulations,

"Act" means the Jury Act; (Loi)

"jury list" means a list of names and addresses of persons who are apparently qualified to serve as jurors; (liste des jurés)

"jury panel" means the persons who are summoned by the Sheriff to serve as jurors at the sittings of the Court and from whom a jury may be selected for the trial of an action. (tableau des jurés) R-085-2007,s.2.

COMPILATION OF GENERAL JURY LIST

2.

(1) After receiving the names and addresses provided under subsection 9(2) of the Act, the Sheriff, or a person designated by him or her, shall use that information to compile a jury list.

(2) The Sheriff may amend the list as he or she considers necessary. R-004-2016,s.2.

COMPILATION OF FRENCH AND BILINGUAL

JURY LIST

3.

The Sheriff may appoint a panel of three individuals familiar with the French-speaking community of Yellowknife to compile a list of prospective jurors for trials to be conducted in French or in both French and English. R-004-2016,s.2.

4.

(1) The panel shall meet at the invitation of the Sheriff, and shall carry out its functions under the general direction of the Sheriff.

(2) The Sheriff shall give panel members access to the names and addresses provided under subsection 9(2) of the Act, to enable the panel to identify, for inclusion on a special French and bilingual jury list, the names and addresses of residents of Yellowknife who are likely to be qualified to serve as a juror for a trial to be conducted in French or in both French and English.

(3) The panel may include on the list any resident of Yellowknife whose name and address have been provided under subsection 9(2) of the Act, and who is likely to be qualified to serve as a juror for a trial to be conducted in French or in both French and English, based on

(a) information found in any list of electors maintained by the Commission scolaire Francophone for the purpose of the public election of its members;

(b) information found in any list of individuals who are members of, or otherwise associated with, Territorial or Yellowknife based Francophone organizations;

(c) personal knowledge of one or more members of the panel that the individual understands French; or

(d) in the absence of such information or personal knowledge, an assumption that an individual is likely to understand French based on their name.

(4) The panel may include a name on the list based on the information referred to in paragraph (3)(a) or (b) only if the list containing the information has been provided to the panel by the relevant organization.

(5) A name may not be added to the list if a panel member has personal knowledge that the individual does not understand French.

(6) If the Sheriff considers it necessary to do so, he or she may request that the panel revise the list using the process set out in this section. R-004-2016,s.2.

SELECTION OF JURY PANEL

5.

The form of the precept to be issued to the Sheriff, referred to in subsection 12(1) of the Act, is set out in the Schedule.

6.

For the purposes of selecting a jury panel under subsection 12(2) of the Act, the Sheriff shall make a random selection of names from the jury list that will, in his or her opinion, comprise a sufficient number of persons to constitute a jury panel for the sittings of the Court. R-085-2007,s.5(1); R-004-2016,s.3.

(2) Repealed, R-085-2007,s.5(2).

7.

The Sheriff shall certify that

(a) a random selection of names was made from the jury list;

(b) no irregularities arose in the selection process; and

(c) in his or her opinion, the jury panel comprises a sufficient number of persons from which to select a jury for the sittings of the Court.

R-085-2007,s.6.

SUMMONS

8.

(1) For the purposes of subsection 13(1) of the Act, the summons to a person on the jury panel must be in a form approved by the Sheriff, and must contain the following information and notices:

(a) the place, date and time at which the person summoned is required to attend for jury selection;

(b) a notice that the person summoned may apply orally or in writing to the Sheriff to be excused from service as a juror at any time before the time indicated for appearance on the summons;

(c) the maximum amount of the fine for failing to obey a summons or failing to answer to one’s name when called by the Clerk;

(d) the address for the Sheriff’s office.

(2) A summons may contain such additional information or notices as the Sheriff considers necessary. R-004-2016,s.4.

9.

Service of a summons under paragraph 13(2)(a) of the Act shall be effected by leaving the summons with the person named in the summons. R-004-2016,s.5.

10.

(1) Service of a summons under paragraph 13(2)(b) of the Act, shall be effected by leaving the summons at the usual place of abode of the person named in the summons with a person who does not appear to be under 16 years of age.

(2) Prior to effecting service of a summons by leaving it with a responsible member of the household of the person named in the summons, the person effecting service shall make reasonable enquiries to ensure that the person named in the summons is not available to be personally served.

(3) A person who serves a summons by leaving it with a responsible member of the household of the person named in the summons shall record the name and age of the person with whom the summons was left. R-004-2016,s.6.

11.

(1) Service of a summons under paragraph 13(2)(c) of the Act shall be

(a) effected by posting the summons to the last known address of the person named in the summons; and

(b) accompanied by a form of acknowledgement of service, addressed to the Sheriff, in a form approved by the Sheriff.

(2) A person who is served with a summons shall complete the form of acknowledgement of service and return it to the Sheriff within the number of days specified in the form by personal delivery, mail, or electronic transmission. R-055-2018,s.2.

12.

Repealed, R-055-2018,s.2.

SELECTION OF JURORS FROM THE PANEL

13.

(1) The Sheriff shall write the name of each person who has been summoned by the Sheriff and who is not excused from serving as a juror on a separate card or piece of paper, each of which is a uniform size, and shall place the cards or pieces of paper in a suitable container and deliver it to the Clerk.

(2) Immediately before the commencement of each trial for which a jury is required, the Clerk shall, in open Court, cause the container to be shaken and the cards or pieces of paper in it thoroughly mixed, and shall then draw out the cards or pieces of paper one at a time, shaking the container after each drawing, and shall continue to draw out such cards or pieces of paper so long as it is necessary to do so in order to obtain a complete jury.

(3) The cards or pieces of paper selected bearing the names of persons subsequently sworn as jurors shall be kept apart until the verdict is given or the jury is dismissed or discharged and shall then be returned to the container unless no other action or proceeding remains to be tried by a jury at that sittings of the Court.

REPEAL

14.

Repealed, R-004-2016,s.9.

COMMENCEMENT

15.

Repealed, R-004-2016,s.9.

SCHEDULE (Section 5)

IN THE SUPREME COURT OF THE

NORTHWEST TERRITORIES

IN THE MATTER OF the Jury Act

PRECEPT

To the Sheriff of the Northwest Territories: You are required to select a jury panel and summon each person on the jury panel to attend for jury service for the sittings of the Supreme Court to be held at ......................................................... in the Northwest Territories, commencing at ...................... on .......................................................... Given under my hand and the seal of the Supreme Court at ...................................... in the Northwest Territories on ...............................................

.................................................. (Seal of the Court) Clerk of the Supreme Court of the Northwest Territories