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Juries Act

R.S.O. 1990, CHAPTER J.3

Consolidation Period: From June 30, 2010 to the e-Laws currency date.

Last amendment: 2009, c. 33, Sched. 2, s. 38.

SKIP TABLE OF CONTENTS

CONTENTS

1.

Definitions

Eligibility

2.

Eligible jurors

3.

Ineligibility to serve as juror

4.

Ineligibility for personal reasons

Preparation of Jury Rolls

5.

Duty of sheriff

6.

Jury service notices

7.

Sheriff to prepare jury roll

8.

Entry of names in jury roll

9.

Certification of roll

10.

Extension of times

11.

Additions to roll by sheriff

Jury Panels

12.

Issuance of precepts

13.

Two or more sets of jurors

14.

Additional jurors

15.

How sheriffs to draft panels of jurors

16.

Sheriff to draft panel

17.

How sheriff to prepare a panel

18.

Drafting of panel

18.1

Automated procedure for drafting panel

18.2

Criminal record check

19.

Notice

20.

Secrecy of jury roll and panel

21.

Attendance of jurors postponed or not required

22.

Division of panel

22.1

Merger

23.

Excusing of juror

24.

Release and transfer of jurors

25.

Superior Court of Justice may issue precepts as heretofore

Actions Tried by Jury

26.

When actions to be entered for trial

Drawing Jury at Trial

27.

Empanelling jury at the trial

27.1

Automated procedure for empanelling jury in civil cases

28.

Selection of juries in advance

29.

Several causes may be tried in succession with the same jury

30.

If a full jury does not appear supplementary jurors may be appointed

31.

The sheriff to note on rolls names of jurors who do not serve

Challenges

32.

Lack of eligibility

33.

Peremptory challenges in civil cases

34.

Ratepayers, officers, etc., of municipality may be challenged

General

35.

Payments under Administration of Justice Act

36.

Attendance and fees

36.1

Jury areas

37.

Regulations

38.

Offences

39.

Contempt of court

40.

Idem, tampering with jurors

41.

Leave of absence from employment

42.

Posting up copies of s. 139 (2, 3) of Criminal Code

43.

Saving of former powers of court and judges except as altered

44.

Omissions to observe this Act not to vitiate the verdict

Definitions

1.  In this Act,

“county” includes a district; (“comté”)

“Director of Assessment” means the employee of the Municipal Property Assessment Corporation who is appointed by the Corporation to be the Director of Assessment under this Act; (“directeur de l’évaluation”)

“regulations” means the regulations made under this Act. (“règlements”) R.S.O. 1990, c. J.3, s. 1; 1997, c. 43, Sched. G, s. 22; 2001, c. 8, s. 206.

Eligibility

Eligible jurors

2.  Subject to sections 3 and 4, every person who,

(a) resides in Ontario;

(b) is a Canadian citizen; and

(c) in the year preceding the year for which the jury is selected had attained the age of eighteen years or more,

is eligible and liable to serve as a juror on juries in the Superior Court of Justice in the county in which he or she resides. R.S.O. 1990, c. J.3, s. 2; 2006, c. 19, Sched. C, s. 1 (1).

Ineligibility to serve as juror

Ineligible occupations

3.  (1)  The following persons are ineligible to serve as jurors:

1. Every member of the Privy Council of Canada or the Executive Council of Ontario.

2. Every member of the Senate, the House of Commons of Canada or the Assembly.

3. Every judge and every justice of the peace.

4. Every barrister and solicitor and every student-at-law.

5. Every legally qualified medical practitioner and veterinary surgeon who is actively engaged in practice and every coroner.

6. Every person engaged in the enforcement of law including, without restricting the generality of the foregoing, sheriffs, wardens of any penitentiary, superintendents, jailers or keepers of prisons, correctional institutions or lockups, sheriff’s officers, police officers, firefighters who are regularly employed by a fire department for the purposes of subsection 41 (1) of the Fire Protection and Prevention Act, 1997, and officers of a court of justice. R.S.O. 1990, c. J.3, s. 3 (1); 1994, c. 27, s. 48 (1); 1997, c. 4, s. 82.

(2)  Repealed: 1994, c. 27, s. 48 (2).

Connection with court action at same sittings

(3)  Every person who has been summoned as a witness or is likely to be called as a witness in a civil or criminal proceeding or has an interest in an action is ineligible to serve as a juror at any sittings at which the proceeding or action might be tried. R.S.O. 1990, c. J.3, s. 3 (3).

Previous service

(4)  Every person who, at any time within three years preceding the year for which the jury roll is prepared, has attended court for jury service in response to a summons after selection from the roll prepared under this Act or any predecessor thereof is ineligible to serve as a juror in that year. R.S.O. 1990, c. J.3, s. 3 (4); 1994, c. 27, s. 48 (3).

Ineligibility for personal reasons

4.  A person is ineligible to serve as a juror who,

(a) has a physical or mental disability that would seriously impair his or her ability to discharge the duties of a juror; or

(b) has been convicted of an offence that may be prosecuted by indictment, unless the person has subsequently been granted a pardon. R.S.O. 1990, c. J.3, s. 4; 2009, c. 33, Sched. 2, s. 38 (1).

Preparation of Jury Rolls

Duty of sheriff

Number of jurors on roll

5.  (1)  The sheriff for a county shall on or before the 15th day of September in each year determine for the ensuing year for the county,

(a) the number of jurors that will be required for each sittings of the Superior Court of Justice;

(b) the number of persons that will be required for selection from the jury roll for the purposes of any other Act; and

(c) the aggregate number of persons that will be so required. R.S.O. 1990, c. J.3, s. 5 (1); 2006, c. 19, Sched. C, s. 1 (1).

Number of jurors in districts

(2)  In a territorial district, after determining the number of persons that will be required for service during the ensuing year, the sheriff shall fix the total number of persons that shall be selected from municipalities, and the total number that shall be selected from territory without municipal organization. R.S.O. 1990, c. J.3, s. 5 (2).

Transmission of resolutions

(3)  The sheriff shall forthwith upon making the determination under subsection (1) certify and transmit,

(a) to the Director of Assessment,

(i) a copy of the determination declaring the aggregate number of persons required for the jury roll in the county in the ensuing year, and

(ii) a statement of the numbers of jury service notices to be mailed to persons in the county; and

(b) to the local registrar of the Superior Court of Justice, a copy of the determination for the number of jurors under clause (1) (a). R.S.O. 1990, c. J.3, s. 5 (3); 2006, c. 19, Sched. C, s. 1 (1).

Jury service notices

6.  (1)  The Director of Assessment shall in each year on or before the 31st day of October cause a jury service notice, together with a return to the jury service notice in the form prescribed by the regulations and a prepaid return envelope addressed to the sheriff for the county, to be mailed by first class mail to the number of persons in each county specified in the sheriff’s statement, and selected in the manner provided for in this section. R.S.O. 1990, c. J.3, s. 6 (1).

Selection of persons notified

(2)  The persons to whom jury service notices are mailed under this section shall be selected by the Director of Assessment at random from persons who, from information obtained at the most recent enumeration of the inhabitants of the county under section 15 of the Assessment Act,

(a) at the time of the enumeration, resided in the county and were Canadian citizens; and

(b) in the year preceding the year for which the jury is selected, are of or will attain the age of eighteen years or more,

and the number of persons selected from each municipality in the county shall bear approximately the same proportion to the total number selected for the county as the total number of persons eligible for selection in the municipality bears to the total number eligible for selection in the county, as determined by the enumeration. R.S.O. 1990, c. J.3, s. 6 (2).

Application of subs. (2) to municipalities in districts

(3)  In a territorial district for the purposes of subsection (2), all the municipalities in the district shall together be treated in the same manner as a county from which the number of jurors required is the number fixed under subsection 5(2) to be selected from municipalities. R.S.O. 1990, c. J.3, s. 6 (3).

Address for mailing

(4)  The jury service notice to a person under this section shall be mailed to the person at the address shown in the most recent enumeration of the inhabitants of the county under section 15 of the Assessment Act. R.S.O. 1990, c. J.3, s. 6 (4).

Return to jury service notice

(5)  Every person to whom a jury service notice is mailed in accordance with this section shall accurately and truthfully complete the return and shall mail it to the sheriff for the county within five days after receipt thereof. R.S.O. 1990, c. J.3, s. 6 (5).

When service deemed made

(6)  For the purposes of subsection (5), the notice shall be deemed to have been received on the third day after the day of mailing unless the person to whom the notice is mailed establishes that he or she, acting in good faith, through absence, accident, illness or other cause beyond his or her control did not receive the notice or order, or did not receive the notice or order until a later date. R.S.O. 1990, c. J.3, s. 6 (6).

List of notices given

(7)  The Director of Assessment shall furnish to the sheriff for the county a list of persons in the county arranged alphabetically to whom jury service notices were mailed under this section forthwith after such mailing and the list received by the sheriff purporting to be certified by the Director of Assessment is, without proof of the office or signature of the Director of Assessment, receivable in evidence in any proceeding as proof, in the absence of evidence to the contrary, of the mailing of jury service notices to the persons shown on the list. R.S.O. 1990, c. J.3, s. 6 (7).

Indian reserves

(8)  In the selecting of persons for entry in the jury roll in a county or district in which an Indian reserve is situate, the sheriff shall select names of eligible persons inhabiting the reserve in the same manner as if the reserve were a municipality and, for the purpose, the sheriff may obtain the names of inhabitants of the reserve from any record available. R.S.O. 1990, c. J.3, s. 6 (8).

Sheriff to prepare jury roll

7.  The sheriff shall in each year prepare a roll called the jury roll in the form prescribed by the regulations. R.S.O. 1990, c. J.3, s. 7.

Entry of names in jury roll

8.  (1)  The sheriff shall open the returns to jury service notices received by the sheriff and shall cause the name, address and occupation of each person making such a return, who is shown by the return to be eligible for jury service, to be entered in the jury roll alphabetically arranged and numbered consecutively. R.S.O. 1990, c. J.3, s. 8 (1); 1994, c. 27, s. 48 (4).

English, French and bilingual jurors

(2)  The jury roll prepared under subsection (1) shall be divided into three parts, as follows:

1. A part listing the persons who appear, by the returns to jury service notices, to speak, read and understand English.

2. A part listing the persons who appear, by the returns to jury service notices, to speak, read and understand French.

3. A part listing the persons who appear, by the returns to jury service notices, to speak, read and understand both English and French. 1994, c. 27, s. 48 (5).

Omission of names

(3)  The sheriff may, with the written approval of a judge of the Superior Court of Justice, omit the name from the roll where it appears such person will be unable to attend for jury duty. R.S.O. 1990, c. J.3, s. 8 (3); 2006, c. 19, Sched. C, s. 1 (1).

Supplementary names

(4)  The sheriff may request the Director of Assessment to mail such number of additional jury service notices and forms of returns to jury service notice as in the opinion of the sheriff are required. R.S.O. 1990, c. J.3, s. 8 (4).

Supplying of supplementary names

(5)  Upon receipt of a request from the sheriff under subsection (4), the Director of Assessment shall forthwith carry out such request and for such purpose section 6 applies with necessary modifications with respect to the additional jury service notices requested by the sheriff to be mailed. R.S.O. 1990, c. J.3, s. 8 (5).

Selection from unorganized territory

(6)  In a territorial district, the sheriff shall select names of eligible persons who reside in the district outside territory with municipal organization in the numbers fixed under subsection 5(2) and for the purpose may have recourse to the latest polling list prepared and certified for such territory, and to any assessment or collector’s roll prepared for school purposes and may obtain names from any other record available. R.S.O. 1990, c. J.3, s. 8 (6).

Certification of roll

9.  As soon as the jury roll has been completed but not later than the 31st day of December in each year, the sheriff shall certify the roll to be the proper roll prepared as the law directs and shall deliver notice of the certification to a judge of the Superior Court of Justice, but a judge of the court may extend the time for certification for such reasons as he or she considers sufficient. R.S.O. 1990, c. J.3, s. 9; 2006, c. 19, Sched. C, s. 1 (1).

Extension of times

10.  The Chief Justice of the Superior Court of Justice may, upon the request of the sheriff for a county, extend any times prescribed by this Act in connection with the preparation of the jury roll for the county to such date as the Chief Justice considers appropriate and may authorize the continued use of the latest jury roll until the dates so fixed. R.S.O. 1990, c. J.3, s. 10; 2006, c. 19, Sched. C, s. 2 (1).

Additions to roll by sheriff

11.  (1)  Where there are no persons or not a sufficient number of persons on the proper jury roll, or where there is no jury roll for the year in existence, the sheriff may supply names of eligible jurors from the jury rolls for the three nearest preceding years for which there is a jury roll or certified copy thereof in existence. R.S.O. 1990, c. J.3, s. 11 (1).

Certification of additions by sheriff

(2)  The names supplied to the jury roll under this section shall be entered thereon and certified by the sheriff. R.S.O. 1990, c. J.3, s. 11 (2).

Jury Panels

Issuance of precepts

12.  A judge of the Superior Court of Justice may issue precepts in the form prescribed by the regulations to the sheriff for the return of such number of jurors as the sheriff has determined as the number to be drafted and returned or such greater or lesser number as in his or her opinion is required. R.S.O. 1990, c. J.3, s. 12; 2006, c. 19, Sched. C, s. 1 (1).

Two or more sets of jurors

13.  (1)  Where a judge of the Superior Court of Justice considers it necessary that the jurors to form the panel for a sittings of the Superior Court of Justice be summoned in more than one set, the judge may direct the sheriff to return such number of jurors in such number of sets on such day for each set as he or she thinks fit. R.S.O. 1990, c. J.3, s. 13 (1); 2006, c. 19, Sched. C, s. 1 (1).

Sheriff to divide jurors into sets

(2)  The sheriff shall divide such jurors into as many sets as are directed, and shall in the summons to every juror specify at what time his or her attendance will be required. R.S.O. 1990, c. J.3, s. 13 (2).

Each set a separate panel

(3)  Each set shall for all purposes be deemed a separate panel. R.S.O. 1990, c. J.3, s. 13 (3).

Additional jurors

14.  (1)  A judge of the Superior Court of Justice, after the issue of the precept, at any time before or during the sittings of the court, by order under his or her hand and seal, may direct the sheriff to return an additional number of jurors. R.S.O. 1990, c. J.3, s. 14 (1); 2006, c. 19, Sched. C, s. 1 (1).

Duty of sheriff as to drafting additional number of jurors

(2)  The sheriff, upon the receipt of an order under subsection (1), shall forthwith draft such additional number of jurors in the manner provided by this Act, and shall add their names to the panel list, and shall forthwith thereafter summon them, and where there are not a sufficient number of jurors on the jury roll for the purpose of the additions, section 11 applies. R.S.O. 1990, c. J.3, s. 14 (2).

How sheriffs to draft panels of jurors

15.  Every sheriff to whom a precept for the return of jurors is directed shall, to such precept, return a panel list of the names of the jurors contained in the jury roll, whose names shall be drafted from such roll in the manner hereinafter mentioned. R.S.O. 1990, c. J.3, s. 15.

Sheriff to draft panel

16.  Upon receipt of the precept, the sheriff shall post up in his or her office written notice of the day, hour and place at which the panel of jurors will be drafted, and the sheriff shall draft the panel by ballot from the jury roll in the presence of a justice of the peace who shall attend upon reasonable notice from the sheriff. R.S.O. 1990, c. J.3, s. 16.

How sheriff to prepare a panel

17.  (1)  Before proceeding to draft a panel of jurors from a jury roll, the sheriff shall prepare a proper title or heading for the list of jurors to be returned, to which he or she shall fix an appropriate number according as such panel is the first, second, third or subsequent panel drafted from such jury roll, and the title or heading shall set forth the number of jurors to be returned. R.S.O. 1990, c. J.3, s. 17 (1).

Ballots for drafting panel

(2)  The sheriff shall then append to such title or heading a list of numbers from “1” forward to the number required, and shall prepare a set of ballots of uniform and convenient size containing the same number of ballots as there are numbers on the jury roll, allowing one number to each ballot, which number shall be printed or written on it, and the sheriff shall then proceed to draft the panel of jurors. R.S.O. 1990, c. J.3, s. 17 (2).

Drafting of panel

18.  (1)  The sheriff shall draft the panel by drawing at random the ballots from a container in the presence of the justice of the peace. R.S.O. 1990, c. J.3, s. 18 (1).

Panel list

(2)  The names of the persons so drafted, arranged alphabetically, with their places of residence and occupations shall then be transcribed by the sheriff, with a reference to the number of each name on the jury roll, and each name shall be thereupon marked by the sheriff or the sheriff’s deputy upon the jury roll. R.S.O. 1990, c. J.3, s. 18 (2).

(3)  Repealed: 1994, c. 27, s. 48 (6).

Idem

(4)  The panel list so alphabetically arranged and numbered, with a short statement of the precept in obedience to which it has been drafted, the date and place of such drafting, and the names of the sheriff, or the sheriff’s deputy and the justice of the peace, present at such drafting, shall then be recorded and attested by the signatures of the sheriff, or the sheriff’s deputy and the justice of the peace, and such panel list shall be retained in the custody of the sheriff. R.S.O. 1990, c. J.3, s. 18 (4).

Automated procedure for drafting panel

18.1  (1)  Instead of following the procedure described in sections 15 to 18 to draft a panel of jurors, the sheriff may use any electronic or other automated procedure to accomplish the same result. 1994, c. 27, s. 48 (7).

Non-application of certain requirements

(2)  When a jury panel is being drafted under subsection (1),

(a) notice need not be posted as set out in section 16;

(b) the participation of a justice of the peace, as referred to in section 16 and subsections 18 (1) and (4), is not required. 1994, c. 27, s. 48 (7).

Criminal record check

18.2  (1)  For the purposes of confirming whether clause 4 (b) applies in respect of a person selected under section 18 or 18.1 for inclusion on a jury panel, the sheriff may, in accordance with this section and the regulations, request that a criminal record check, prepared from national data on the Canadian Police Information Centre database, be conducted concerning the person. 2009, c. 33, Sched. 2, s. 38 (2).

Timing

(2)  A criminal record check concerning a person that is requested under subsection (1) shall be obtained by the sheriff before he or she finalizes the jury panel on which the person is to be included. 2009, c. 33, Sched. 2, s. 38 (2).

Collection, use and disclosure of personal information by sheriff

(3)  Subject to any restrictions or conditions set out in the regulations, the sheriff shall collect, directly or indirectly, use and disclose such personal information respecting a person who is the subject of a criminal record check under subsection (1) as is required for the purposes of this section. 2009, c. 33, Sched. 2, s. 38 (2).

Agreement with police force

(4)  The sheriff may enter into an agreement with a police force that is prescribed by the regulations respecting,

(a) the preparation of a criminal record check by the police force for the purposes of this section; and

(b) the collection, use and disclosure of personal information by the police force for the purposes of the criminal record check. 2009, c. 33, Sched. 2, s. 38 (2).

Removal and replacement

(5)  If, on review of a person’s criminal record check, the sheriff determines that clause 4 (b) applies in respect of the person, the sheriff shall,

(a) remove the person from the jury panel on which the person was to have been included;

(b) remove the person’s name and other information from the jury roll for the applicable year; and

(c) draft, in accordance with section 18 or 18.1, as the case may be, another person for the jury panel to replace the person who was removed. 2009, c. 33, Sched. 2, s. 38 (2).

Notice

Summoning jurors 21 days before attendance required

19.  (1)  The sheriff shall summon every person drafted to serve on juries by sending to the person by ordinary mail a notice in writing in the form prescribed by the regulations under the hand of the sheriff at least twenty-one days before the day upon which the person is to attend, but when the sheriff is directed to draft and summon additional jurors under this Act, such twenty-one days service is not necessary. R.S.O. 1990, c. J.3, s. 19 (1).

Excusing of jurors

(2)  The sheriff may excuse any person summoned for a jury sittings on the ground,

(a) of illness; or

(b) that serving as a juror may cause serious hardships or loss to the person or others,

but unless a judge of the Superior Court of Justice directs otherwise and despite any other provision of this Act, such person shall be included in a panel to be returned for a sittings later in the year or, where there are not further sittings in that year, in a panel to be returned for a sittings in the year next following. R.S.O. 1990, c. J.3, s. 19 (2); 2006, c. 19, Sched. C, s. 1 (1).

Secrecy of jury roll and panel

20.  The jury roll and every list containing the names of the jury drafted for any panel shall be kept under lock and key by the sheriff, and except in so far as may be necessary in order to prepare the panel lists, and serve the jury summons, shall not be disclosed by the sheriff, the sheriff’s deputy, officer, clerk, or by the justice of the peace mentioned in section 16, or by any other person, until ten days before the sittings of the court for which the panel has been drafted, and during such period of ten days, the sheriff, or the sheriff’s deputy, shall permit the inspection at all reasonable hours of the jury roll and of the panel list or copy thereof in his or her custody by litigants or accused persons or their solicitors and shall furnish the litigants or accused persons or their solicitors, upon request and payment of a fee of $2, with a copy of any such panel list. R.S.O. 1990, c. J.3, s. 20.

Attendance of jurors postponed or not required

Countermand where no jury cases

21.  (1)  Where there is no business requiring the attendance of a jury at a sittings in respect of which a precept has been issued,

(a) the local registrar, where the sittings is for the trial of actions; or

(b) the Crown Attorney, where the sittings is for the trial of criminal prosecutions,

shall, at least five clear days before the day upon which the sittings is to commence, give notice in writing to the sheriff in the form prescribed by the regulations that the attendance of the jurors is not required. R.S.O. 1990, c. J.3, s. 21 (1).

Postponement of date for attendance of jurors

(2)  Where the business of the court does not require the attendance of the jurors until a day after the day upon which the sittings is to commence, the appropriate officer determined under subsection (1) shall, at least five clear days before the day upon which the sittings is to commence, give notice in writing to the sheriff in the form prescribed by the regulations that the attendance of the jurors is not required until such later day as is specified in the notice. R.S.O. 1990, c. J.3, s. 21 (2).

Notice to jurors

(3)  Subject to subsection (4), where, upon receipt of such notice it appears to the sheriff that the attendance of jurors is not required or not required until a later date, the sheriff shall forthwith by registered mail or otherwise, as he or she considers expedient, notify in the form prescribed by the regulations each person summoned to serve as a juror that attendance at the sittings is not required or is not required until the day specified in the notice. R.S.O. 1990, c. J.3, s. 21 (3).

Sheriff must ascertain that there are no prisoners in custody

(4)  In the case of a sittings for the hearing of criminal proceedings, the sheriff shall not give the notice mentioned in subsection (3) unless he or she is satisfied that there is no prisoner in custody awaiting trial at the sittings. R.S.O. 1990, c. J.3, s. 21 (4).

Division of panel

22.  A judge of the Superior Court of Justice who considers it necessary may direct that the jurors summoned for a sittings of the Court be divided into two or more sets as he or she may direct, and each set shall for all purposes be deemed a separate panel. R.S.O. 1990, c. J.3, s. 22; 2006, c. 19, Sched. C, s. 1 (1).

Merger

22.1  A judge of the Superior Court of Justice who considers it necessary may direct that two or more panels of jurors, including panels established by division under section 22, be merged into a single panel. 1994, c. 27, s. 48 (8); 2006, c. 19, Sched. C, s. 2 (2).

Excusing of juror

Religious reasons

23.  (1)  A person summoned for jury duty may be excused by a judge from service as a juror on the ground that service as a juror is incompatible with the beliefs or practices of a religion or religious order to which the person belongs. R.S.O. 1990, c. J.3, s. 23 (1).

Illness or hardship

(2)  A person summoned for jury duty may be excused by a judge from attending the sittings on the ground,

(a) of illness; or

(b) that serving as a juror may cause serious hardships or loss to the person or others,

and the judge may excuse the person from all service as a juror, or the judge may direct that the service of a person excused be postponed and that despite any provision of this Act, the person be included in a panel to be returned for a sittings later in that year or in a panel to be returned for a sittings in the year next following. R.S.O. 1990, c. J.3, s. 23 (2).

Application for excusing

(3)  A person summoned for jury service may be excused under subsection (1) or (2),

(a) before the day for attendance, by any judge of the Superior Court of Justice;

(b) on or after the day for attendance, by the judge presiding at the sittings,

and the application to be excused may be made to the sheriff. R.S.O. 1990, c. J.3, s. 23 (3); 2006, c. 19, Sched. C, s. 1 (1).

Release and transfer of jurors

Release before sittings

24.  (1)  Where jurors are summoned for a jury sittings, a judge of the Superior Court of Justice may, at any time before the sittings, release from or postpone service of any number of jurors summoned for the sittings. R.S.O. 1990, c. J.3, s. 24 (1); 2006, c. 19, Sched. C, s. 1 (1).

Release during sittings

(2)  The judge presiding at the sittings may release from or postpone service of any number of jurors summoned for the sittings. R.S.O. 1990, c. J.3, s. 24 (2).

Transfer to another panel

(3)  Jurors released from service at a sittings under this section may be resummoned by the sheriff for service at any other sittings, held concurrently with or immediately following the sittings from which they were released. R.S.O. 1990, c. J.3, s. 24 (3).

Constitution of panel

(4)  Where jurors have been released from service or their service has been postponed under this section, the remaining jurors constitute the panel, and jurors recalled or resummoned under this section form part of the panel to which they are added. R.S.O. 1990, c. J.3, s. 24 (4).

Superior Court of Justice may issue precepts as heretofore

25.  Subject to this Act, the Superior Court of Justice and the judges thereof have the same power and authority as heretofore in issuing any precept, or in making any award or order, orally or otherwise, for the return of a jury for the trial of any issue before the court, or for amending or enlarging the panel of jurors returned for the trial of any such issue, and the return to any precept, award or order shall be made in the manner heretofore used and accustomed, and the jurors shall, as heretofore, be returned from the body of the county, and shall be eligible according to this Act. R.S.O. 1990, c. J.3, s. 25; 2006, c. 19, Sched. C, s. 1 (1).

Actions Tried by Jury

When actions to be entered for trial

26.  Subject to any order of a judge of the Superior Court of Justice, actions to be tried by a jury shall be entered for trial not later than six clear days before the first day of the sittings. R.S.O. 1990, c. J.3, s. 26; 2006, c. 19, Sched. C, s. 1 (1).

Drawing Jury at Trial

Empanelling jury at the trial

27.  (1)  The name of every person summoned to attend as a juror, with the person’s place of residence, occupation, and number on the panel list, shall be written distinctly by the sheriff on a card or paper, as nearly as may be of the form and size following:

15.

DAVID BOOTH

OF LOT NO. 11, IN THE 7TH CON. OF ALBION

MERCHANT

and the names so written shall, under the direction of the sheriff, be put together in a container to be provided by the sheriff for that purpose, and he or she shall deliver it to the clerk of the court. R.S.O. 1990, c. J.3, s. 27 (1).

How the clerk is to proceed to draw names

(2)  Where an issue is brought on to be tried, or damages are to be assessed by a jury, the clerk shall, in open court, cause the container to be shaken so as sufficiently to mix the names, and shall then draw out six of the cards or papers, one after another, causing the container to be shaken after the drawing of each name, and if any juror whose name is so drawn does not appear or is challenged and set aside, then such further number until six jurors are drawn, who do appear, and who, after all just causes of challenge allowed, remain as fair and indifferent, and the first six jurors so drawn, appearing and approved as indifferent, their names being noted in the minute book of the clerk of the court, shall be sworn, and shall be the jury to try the issue or to assess the damages. R.S.O. 1990, c. J.3, s. 27 (2).

Names drawn to be kept apart, etc.

(3)  The cards or papers containing the names of persons so drawn and sworn shall be kept apart until the jury has given in its verdict, and it has been recorded, or until the jury has been by consent of the parties, or by leave of the court, discharged, and shall then be returned to the container there to be kept with the other cards or papers remaining therein. R.S.O. 1990, c. J.3, s. 27 (3).

Automated procedure for empanelling jury in civil cases

27.1  Where a trial is in respect of a civil proceeding, instead of following the procedure described in section 27 to select a jury, any electronic or other automated procedure may be used to accomplish the same result. 2009, c. 33, Sched. 2, s. 38 (3).

Selection of juries in advance

28.  A jury may be selected in accordance with section 27 or 27.1 at any time before the trial of an issue or assessment of damages directed by the judge presiding at the sittings and shall attend for service upon the summons of the sheriff. R.S.O. 1990, c. J.3, s. 28; 2009, c. 33, Sched. 2, s. 38 (4).

Several causes may be tried in succession with the same jury

29.  (1)  Despite sections 27, 27.1 and 28, unless a party objects, the court may try any issue or assess damages with a jury previously selected to try any other issue or to assess damages. 2009, c. 33, Sched. 2, s. 38 (5).

Same

(2)  Despite subsection (1), unless a party objects, the court may order any juror from the previously selected jury whom both parties consent to withdraw or who may be justly challenged or excused by the court, to retire and may cause another juror to be selected in accordance with section 27 or 27.1, as the case may be, in his or her place, in which case the issue shall be tried or the damages assessed with the remaining members of the previously selected jury and the new juror or jurors, as the case may be, who appear and are approved as indifferent. 2009, c. 33, Sched. 2, s. 38 (5).

If a full jury does not appear supplementary jurors may be appointed

30.  (1)  Where a full jury does not appear at a sittings for civil matters, or where, after the appearance of a full jury, by challenge of any of the parties, the jury is likely to remain untaken for default of jurors, the court may command the sheriff to name and appoint, as supplementary jurors, so many of such other able persons of the county then present, or who can be found, as will make up a full jury, and the sheriff shall return such persons to serve on the jury. R.S.O. 1990, c. J.3, s. 30 (1).

Adding names of supplementary jurors

(2)  Where a full jury does not appear, the names of the persons so returned shall be added to the panel returned upon the precept. R.S.O. 1990, c. J.3, s. 30 (2).

The sheriff to note on rolls names of jurors who do not serve

31.  Immediately after the sittings of the court, the sheriff shall note on the jury roll from which the panel of jurors returned to the sittings was drafted opposite the names of the jurors, the non-attendance or default of every juror who has not attended until discharged by the court. R.S.O. 1990, c. J.3, s. 31.

Challenges

Lack of eligibility

32.  If a person not eligible is drawn as a juror for the trial of an issue in any proceeding, the want of eligibility is a good cause for challenge. R.S.O. 1990, c. J.3, s. 32.

Peremptory challenges in civil cases

33.  In any civil proceeding, the plaintiff or plaintiffs, on one side, and the defendant or defendants, on the other, may challenge peremptorily any four of the jurors drawn to serve on the trial, and such right of challenge extends to the Crown when a party. R.S.O. 1990, c. J.3, s. 33.

Ratepayers, officers, etc., of municipality may be challenged

34.  In a proceeding to which a municipal corporation, other than a county, is a party, every ratepayer, and every officer or servant of the corporation is, for that reason, liable to challenge as a juror. R.S.O. 1990, c. J.3, s. 34.

General

Payments under Administration of Justice Act

Fees payable to jurors and justices of the peace

35.  (1)  Such fees and allowances as are prescribed under the Administration of Justice Act shall be paid to,

(a) every juror attending a sittings of the Superior Court of Justice; and

(b) the justice of the peace in attendance for each panel drafted under section 16. R.S.O. 1990, c. J.3, s. 35 (1); 2006, c. 19, Sched. C, s. 1 (1).

Sums to be paid with record when entered for trial in jury cases

(2)  With every record entered for trial of issues or assessment of damages by a jury in the Superior Court of Justice there shall be paid to the local registrar of the Superior Court of Justice such sum as is prescribed under the Administration of Justice Act, and the record shall not be entered unless such sum is first paid. R.S.O. 1990, c. J.3, s. 35 (2); 2006, c. 19, Sched. C, s. 1 (1).

Attendance and fees

List of jurors to be called

36.  (1)  The clerk of the court or the sheriff or sheriff’s officer shall, at the opening of the court and before any other business is proceeded with, call the names of the jurors, and the sheriff or sheriff’s officer shall record those who are present or absent. R.S.O. 1990, c. J.3, s. 36 (1).

Record of fees paid

(2)  The sheriff shall keep a record of the payment of fees to jurors for attending sittings of a court. R.S.O. 1990, c. J.3, s. 36 (2).

When fees payable

(3)  A juror is not entitled to fees or expenses in respect of days that he or she does not or is not required to attend. R.S.O. 1990, c. J.3, s. 36 (3).

Jury areas

36.1  (1)  A jury area established under clause 37 (c) shall be treated as a separate county for the purposes of this Act. 1994, c. 27, s. 48 (9).

Court facilities

(2)  If there are no court facilities in a jury area, a regional senior judge of the Superior Court of Justice may order residents of the jury area who are summoned for jury duty to attend at a court outside the jury area. 1994, c. 27, s. 48 (9); 2006, c. 19, Sched. C, s. 1 (1).

Regulations

37.  The Attorney General may make regulations,

(a) prescribing any form required or permitted by this Act to be prescribed by the regulations;

(b) prescribing the manner of keeping jury rolls and lists of jury panels and records thereof and requiring and prescribing the form of the certification or authentication of entries therein;

(b.1) setting out restrictions or conditions that apply to the collection, use or disclosure of personal information by the sheriff, for the purposes of subsection 18.2 (3);

(b.2) prescribing a police force for the purposes of subsection 18.2 (4);

(c) establishing jury areas, consisting of parts of existing counties, for the purposes of section 36.1. R.S.O. 1990, c. J.3, s. 37; 1994, c. 27, s. 48 (10); 2009, c. 33, Sched. 2, s. 38 (6, 7).

Offences

38.  (1)  Every person who,

(a) wilfully makes or causes to be made any alteration in any roll or panel or in any certified copy thereof except in accordance with this Act;

(b) falsely certifies any roll or panel; or

(c) influences or attempts to influence the selection of persons for inclusion in or omission from any jury roll or panel, except in a proper procedure under this Act,

is guilty of an offence and on conviction is liable to a fine of not more than $10,000 or to imprisonment for a term of not more than two years, or to both. R.S.O. 1990, c. J.3, s. 38 (1).

Idem

(2)  Every sheriff, or clerk or registrar of a court, who refuses to perform any duty imposed on him or her by this Act, is guilty of an offence and on conviction is liable to a fine of not more than $5,000. R.S.O. 1990, c. J.3, s. 38 (2).

Idem

(3)  Every person who is required to complete a return to a jury service notice and who,

(a) without reasonable excuse fails to complete the return or mail it to the sheriff as required by subsection 6(5); or

(b) knowingly gives false or misleading information in the return,

is guilty of an offence and on conviction is liable to a fine of not more than $5,000 or to imprisonment for a term of not more than six months, or to both. R.S.O. 1990, c. J.3, s. 38 (3).

Evidence of not mailing

(4)  For the purposes of subsection (3), where the sheriff fails to receive a return to a jury service notice within five days from the date on which it was required by this Act to be mailed, such failure is proof, in the absence of evidence to the contrary, that the person required to mail it to the sheriff failed to do so in the time required. R.S.O. 1990, c. J.3, s. 38 (4).

Certificate as evidence

(5)  A statement as to the receipt or non-receipt of a return to a jury service notice purporting to be certified by the sheriff is, without proof of the appointment or signature of the sheriff, receivable in evidence as proof, in the absence of evidence to the contrary, of the facts stated therein in any prosecution under subsection (3). R.S.O. 1990, c. J.3, s. 38 (5).

Contempt of court

39.  Every person is in contempt of court who, without reasonable excuse,

(a) having been duly summoned to attend on a jury, does not attend in pursuance of the summons, or being there called does not answer to his or her name; or

(b) being a juror or supplementary juror, after having been called, is present but does not appear, or after appearing wilfully withdraws from the presence of the court; or

(c) being a sheriff, wilfully empanels and returns to serve on a jury a person whose name has not been duly drawn upon the panel in the manner prescribed in this Act; or

(d) being a registrar or other officer wilfully records the appearance of a person so summoned and returned who has not actually appeared. R.S.O. 1990, c. J.3, s. 39.

Idem, tampering with jurors

40.  (1)  Every person is in contempt of court who, being interested in an action that is or is to be entered for trial or may be tried in the court, or being the solicitor, counsel, agent or emissary of such person, before or during the sittings or at any time after a juror on the jury panel for such court has been summoned knowingly, directly or indirectly, speaks to or consults with the juror respecting such action or any matter or thing relating thereto. R.S.O. 1990, c. J.3, s. 40 (1).

Revocation or suspension of licence, etc.

(2)  A solicitor, barrister or student-at-law who is guilty of such offence may, in addition to any other penalty, have his or her licence under the Law Society Act to practise law or provide legal services revoked or suspended, or his or her name may be erased from the register of the Law Society or removed from the register for a limited time, by the Superior Court of Justice upon motion at the instance and in the name of the Attorney General. 2006, c. 21, Sched. C, s. 114.

Exception where juror is a party or witness

(3)  This section does not apply where a juror is also a party to or a known witness or interested in the action or is otherwise ineligible as a juror in the action, nor to anything that may properly take place in the course of the trial or conduct of the action. R.S.O. 1990, c. J.3, s. 40 (3).

Leave of absence from employment

41.  (1)  Every employer shall grant to an employee who is summoned for jury service a leave of absence, with or without pay, sufficient for the purpose of the discharge of the employee’s duties, and, upon the employee’s return, the employer shall reinstate the employee to his or her position, or provide the employee with alternative work of a comparable nature at not less than his or her wages at the time the leave of absence began and without loss of seniority or benefits accrued to the commencement of the leave of absence. R.S.O. 1990, c. J.3, s. 41 (1).

Liability of employer for breach

(2)  An employer who fails to comply with subsection (1) is liable to the employee for any loss occasioned by the breach of the obligation. R.S.O. 1990, c. J.3, s. 41 (2).

Penalty for reprisals

(3)  Every employer who, directly or indirectly,

(a) threatens to cause or causes an employee loss of position, or employment; or

(b) threatens to impose or imposes on an employee any pecuniary or other penalty,

because of the employee’s response to a summons, or service as a juror, is guilty of an offence and on conviction is liable to a fine of not more than $10,000 or to imprisonment for a term of not more than three months, or to both. R.S.O. 1990, c. J.3, s. 41 (3).

Posting up copies of s. 139 (2, 3) of Criminal Code

42.  The sheriff shall at the sittings of the Superior Court of Justice for trials by jury post up in the court room and jury rooms and in the general entrance hall of the court house printed copies in conspicuous type of subsections 139 (2) and (3) of the Criminal Code (Canada) and subsection 40 (1) of this Act. R.S.O. 1990, c. J.3, s. 42; 2006, c. 19, Sched. C, s. 1 (1).

Saving of former powers of court and judges except as altered

43.  Nothing in this Act alters, abridges or affects any power or authority that any court or judge has, or any practice or form in regard to trials by jury, juries or jurors, except in those cases only where such power or authority, practice or form is repealed or altered, or is inconsistent with any of the provisions of this Act. R.S.O. 1990, c. J.3, s. 43.

Omissions to observe this Act not to vitiate the verdict

44.  (1)  The omission to observe any of the provisions of this Act respecting the eligibility, selection, balloting and distribution of jurors, the preparation of the jury roll or the drafting of panels from the jury roll is not a ground for impeaching or quashing a verdict or judgment in any action. R.S.O. 1990, c. J.3, s. 44 (1).

Panel deemed properly selected

(2)  Subject to sections 32 and 34, a jury panel returned by the sheriff for the purposes of this Act shall be deemed to be properly selected for the purposes of the service of the jurors in any matter or proceeding. R.S.O. 1990, c. J.3, s. 44 (2).

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