Bill 27 — Fourth Session, 19Th Legislature, 31 Elizabeth Ii the Legislative Assembly of Alberta Bill 27 Jury Act the Attorney General (Legislature 19, Session 4)

L19 S4 3817

Alberta — Bills

1982 BILL 27 Fourth Session, 19th Legislature, 31 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 27 JURY ACT THE ATTORNEY GENERAL First Reading .................... '." .. __ .. ~" .,.., ... """'" " ............... . Second Reading ............. _ ...... 1 ...... • , •••••••••••••••••••••••••••••• Committee of the Whole ....•... _ .. ~ .. ~ ............................ . Third Reading ...................................................... . Royal Assent ......... __ .~ .• ,~ .. ~ 0" ••••••••••••••••••••••••••••••••••••••

Definitions Bill 27 BILL 27 1982 JURY ACT (Assented to TABLE OF CONTENTS

Definitions Application Qualifications of jurors Exclusion from jury service Exemption from jury service Information from municipalities list Selection of jury panel Challenge of jury panel Jury panel Empaneling jury Challenge of jurors Jury in a civil proceeding Impeachment of verdict Viewing of evidence by jury General or special verdict Right to jury in civil proceeding Deposit of money for expenses with clerk Costs to be apportioned between parties Separation of jury Penalty for non-attendance by juror Penalty for refusal to provide information Contempt of court Leave from employment to serve as juror Regulations Consequential amendments Coming into force I 1982)

Section No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25·27 28 HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1 In this Act, (a) "clerk" means the clerk of the Court for the judicial district in which the Court is sitting; 1

(b) "Court" means the Court of Queen's Bench; (c) "expenses" includes, in relation to the conducting of a trial with a jury, (

i) the costs of summoning a jury panel !!~d :'Iny costs inciden tal to the summoning, (ii) the fees and allowances paid to jurors, (iii) costs arising from the order of a judge to view evidence under

section 14, (iv) costs for food, refreshments, accommodation and other requirements for a jury; (d) "judge" means a judge of the Court; (e) "judicial center" means a place prescribed by the regulations as a judicial center; (f) "juror" means a person sworn as a juror under

section 10(3); (g) "jury panel" means those persons summoned pursuant to sec tion 7; (h) "jury panel list" means a list prepared under

section 7(4); (i) "municipality" means a city, town, village, county, municipal district, special area or improvement district; (j) "proper officer of a municipality" includes, in addition to the person who has the actual custody or control of the public papers referred to in

section 6(a), (

b) or (c), the municipal secretary of the municipality; (k) "sheriff" means the sheriff of the judicial district in which the Court is sitting, and includes a person delegated by him to carry out any of his duties. Application 2 Except as otherwise stated or where this Act is inconsistent with the Criminal Code (Canada) or with any other statute of Canada respecting criminal procedure, this Act applies to civil and criminal proceedings tried by a jury in Alberta. O~ifications 3 Every person who is OIJurors (

a) resident in Alberta, (

b) a Canadian citizen, and (c) 18 years of age or older, is qualified to serve as a juror. 2

Exclusion from 4 The following persons are excluded from serving as jurors: jury service (

a) members of the Privy Council, the Senate and the House of Commons of Canada; (

b) members of the Legislative Assembly of Alberta and the Ex ecutive Council; (

c) members of a county council elected under the County Act, members of a council elected under the Municipal Election Act and trustees elected under the School Election Act; (

d) judges of the Provincial Court, justices of the Court of Appeal and Court of Queen's Bench and justices of the peace, whether retired or not; (

e) barristers and solicitors, whether or not they are practising, and students-at-Iaw; (

f) medical examiners under the Fatality Inquiries Act; (

g) officers and employees ofthe Legislative Assembly of Albel1a; (

h) persons who have been convicted of a criminal offence for which a sentence of imprisonment exceeding 12 months could have been imposed; (

i) witnesses summoned to attend before the Legislative Assem bly or a committee of the Legislative Assembly during the periods referred to in

section 42 of the Legislative Assembly Act; (

j) persons confined in an institution; (

k) persons engaged in the administration of justice, including (

i) members and employees of any police force, (ii) probation officers, (iii) employees of the Department of the Attorney General or the Department of the Solicitor General of Alberta, and (iv) employees of the Department of Justice of Canada or the Department of the Solicitor General of Canada. Exemption from 5( 1) The following persons may be exempted from serving as jurors: jury service (

a) a person whose conscience or religious vows preclude him from serving on a jury; (

b) a person who has served on a jury within the 2 years preceding his summons to serve on a jury; ~

c) a person for whom service on a jury will cause severe hardship III respect of his health or livelihood or in respect of any legal or moral obligations he may have to others; 3

Information from municipalities Selection of jury panel (

d) a person who does not reside within a reasonable distance of the place where the proceedings are to be tried; (

e) a person who suffers from a physical, mental or other infirm ity that is incompatible with the discharge of the duties ofajuror; (

f) a person who is unable to understand, speak or read the lan guage in which the trial is to be conducted; (

g) a person whose service on a jury would be contrary to the public interest by reason of that person's performance of urgent and essential services of public importance that cannot reasonably be rescheduled or performed by another during that person's ab sence; (

h) a person 65 years of age or over.

(2) Upon application in the prescribed manner, if a sheriff is satisfied that a person is eligible for exemption under subsection (1), he shall exempt the person from jury service.

(3) If the sheriff refuses to exempt a person, that person may either (

a) on application, prior to the date on which the person has been summoned to attend for the selection of the jury, appeal to any judge, or (

b) at the time of the selection of the jury, appeal to the judge that is presiding at the jury selection.

(4) In the case of an appeal pursuant to subsection (3)(a), the clerk shall inform the sheriff if a person has been exempted from serving as a juror. 6 On the request of a sheriff, the proper officer of each municipality situated within or partly within the judicial district shall provide any information that may be of assistance to the sheriff respecting the selection of persons as jurors including (

a) the list of electors, (

b) the assessment rolls, and (

c) any other public papers under the actual custody or control of the proper officer. 7(1) When a jury is required, the clerk shall immediately direct the sheriff to summon a sufficient number of persons from which the jury is to be selected.

(2) The persons to be summoned shall be selected at random in ac cordance with the regulations.

(3) The sheriff shall deliver a summons in the prescribed form to each person selected, either personally or by leaving it with an adult 4

Challenge of jury panel Jury panel Empaneling jury member of that person's household, within a reasonable time before the day on which the person is to attend.

(4) The sheriff shall prepare a list of the names, addresses and occu pations of the persons that have been summoned and shall deliver a copy of the list to the clerk.

(5) On payment of the fee prescribed by the regulations, a party to a proceeding may receive a copy of the list referred to in subsection (4), 8(1) A party may challenge the selection of the jury panel on the ground that the sheriff (

a) exercised partiality, or (

b) wilfully misconducted or was fraudulent, with respect to the selection or summoning of the jury panel.

(2) The judge may require that a challenge under subsection (1) be made in writing.

(3) When a challenge is made under subsection (l), the judge shall determine whether or not the ground of challenge is true, and if he is satisfied that it is true, he shall direct a new jury panel to be sum moned. 9 At the time of the selection of the jury, the judge may (

a) conduct any inquiries that he considers necessary regarding the qualification or exclusion of any person on the jury panel, (

b) direct the discharge from the j"ury panel of any person who he is satisfied is not qualified or is excluded, and (

c) on the application or appeal of any person for an exemption, grant the exemption on being satisfied that the person who has applied is eligible for an exemption. 10(1) When (

a) the jury panel is not challenged, or (

b) the jury panel is challenged but the judge does not direct a new jury panel to be returned, the clerk shall, in open court, select at random one at a time, from ~he remaining names on the jury panel list, a sufficient number to prOVide a full jury after allowing for challenges.

(2) After each name is selected, a party to the proceeding may in accordance with

section 11 challenge the selection.

(3) The clerk shall swear each member of the jury in the order in which their names were drawn. 5

(4) If the number of persons on the jury panel who are in attendance is insufficient or is so reduced by exemptions, exclusions, challenges or persons being found not qualified as to be insufficient to select a full jury, additional persons shall be summoned immediately to be included on the jury panel.

(5) If it is considered necessary by the sheriff, persons may be sum moned under subsection (4) by word of mouth.

(6) If at any time it appears to the judge that the persons forming the jury panel will not be required, he may discharge any or all the per sons he considers unnecessary. Challenge 11(1) In a civil proceeding a party to the proceedings has the right to of jurors challenge 3 persons peremptorily.

(2) In addition to any chj!lenges that may be made under subsection (1), a party is entitled to any number of challenges for cause on the following grounds: (

a) the name of the person does not appear on the jury panel list, but no misnomer or misdescription is a ground for challenge if it appears to the judge that the description given on the jury panel list sufficiently designates the person referred to; (

b) the person is not qualified for or is excluded from serving as a juror; (

c) the person has an interest in the proceeding or is not indiffer ent as between any parties to the proceeding who are adverse in interest; (

d) the person is a potential witness in the proceeding; (

e) the person suffers from a physical, mental or other infirmity that is incompatible with the discharge of the duties of a juror; (

f) the person is unable to understand, speak or read the language in which the trial is to be conducted.

(3) No challenge for cause shall be allowed on a ground not men tioned in subsection (2).

(4) The judge may require that a challenge under subsection (2) be made in writing.

(5) When a challenge is made under subsection (2), (

a) the judge shall determine whether or not the ground of chal lenge is true and, if he is satisfied that the ground of challenge is true, he shall discharge the person, and (

b) the party making the challenge or any other party to the action may call the person as a witness and adduce any evidence that the judge considers relevant respecting the issue of whether or not the challenge is true. 6

Jury in a civil proceeding Impeachment ofverdict Viewing of evidence by jury 12( 1) In a civil proceeding a jury shall consist of 6 jurors.

(2) Any 5 of the jury may return a verdict or answer a question submitted to the jury by the judge, and the verdict or answer given by 5 jurors has the same effect as a verdict or answer given by 6 jurors.

(3) If in the course of a trial the judge is satisfied that a juror should not, because of illness or other reasonable cause, continue to act the judge may discharge that juror. '

(4) If, in the course of a trial, 1 juror dies or is discharged pursuant to subsection (3), the judge may direct the trial to proceed without the juror, and the verdict of the remaining jurors is valid if unanimous. 13 Failure to observe any 1 or more provisions of this Act is not grounds for impeaching a verdict in a civil proceeding unless a sub stantial miscarriage of justice results. 14(1) Ifit appears to the judge that in order to better understand the evidence the jurors who are to try the issues should view the place or the property in question, he may, before they give their verdict, order that the jurors be given that view.

(2) A judge may make an order under subsection (1) whether the place or the property to be viewed is within or outside the judicial district in which the trial is taking place.

(3) The order shall contain (

a) directions to the sheriff as to the manner in which, and the persons by whom, the place or the property in question is to be shoWn to the jurors, (

b) directions or terms respecting costs, and (

c) any other directions or terms that under the circumstances the judge considers necessary. General or 1S( 1) In the absence of a direction to the contrary by the judge, a j~ry special verdict may give a general or special verdict, but shall only give a sP~cl~1 verdict if the judge so directs and shall not give a general verdIct If directed by the judge not to do so. Right to jury in civil proceeding

(2) A judge may, instead of directing the jury to give either a general or special verdict, direct the jury to answer any question of fact ~lace1 before them, and if so directed the jury shall answer the que.stlOn 0 fact, and the question and reply to it constitute a special verdICt.

(3) A judgment may be directed to be entered on the answer to a question mentioned in subsection (2).

(4) This

section does not apply to an action for defamation. 16( I ~ Subject to subsection (2), on application by a party to the pro ceedmg, the following shall be tried by a jury: 7

Deposit of money for expenses with clerk Costs to be apportioned between parties (

a) an action for defamation, false imprisonment, malicious pro secution, seduction or breach of promise for marriage, (

b) an action founded on any tort or c0ntnLct in which the amount claimed exceeds $10 000, or (

c) an action for the recovery of property the value of which ex ceeds $10 000.

(2) If on a motion for directions or on a subsequent application it appears that the trial might involve (

a) a prolonged examination of documents or accounts, or (

b) a scientific or long investigation, that in the opinion ofajudge cannot conveniently be made by a jury, the judge may, notwithstanding that the proceeding has been directed to be tried by a jury, direct that the proceeding be tried without a jury.

(3) In this section, "proceeding" includes a counterclaim. 17(1) When a judge orders that a proceeding be tried by a jury, the party at whose request the order is made shall, unless otherwise or dered, deposit with the clerk within 10 days of the order being made a sum of money that the clerk considers sufficient to pay the expenses of conducting the trial by a jury, and if the sum is insufficient, the party shall on demand by the clerk pay any further sum that the clerk requires.

(2) If the party making the deposit under subsection (1) obtains a judgment in the proceeding, the sum paid out for expenses shall, unless the judge otherwise orders, be allowed and taxed against the unsuccessful party to the action.

(3) Any surplus money remaining after payment of the expenses shall be returned to the party who made the deposit. 18 If for any civil sittings of the Court a jury is required in more than 1 trial, the expenses of conducting a trial with a jury shall, at the end of the sittings, be apportioned between the parties and be paid as directed by a judge. Separation of jury 19(1) A judge may, during the course of a trial, allow the jurors to separate.

(2) Where permission to separate cannot be given or is not given, the jury shall be kept under the charge of an officer of the Court as the judge directs, and that officer shall prevent the jurors from commu nicating with anyone other than himself or another member of the jury without leave of the judge.

(3) Where the jurors separate pursuant to subsection (1), no person shall, before the jury retires to consider its verdict, publish in any 8

Penalty for non-attendance by juror newspaper or broadcast any information regarding any portion ofth trial at which the jury is not present. e

(4) A person who contravenes subsection (3) is guilty of an offence and is liable to a fine of not more than $5000 or to imprisonment for not more than 3 months or to both fine and imprisonment. ~5) A pers~n who discloses t~e co~tents of any discussions held by a JUry on WhICh he has served IS gullty of an offence and is liable to a fine of not more than $1000 or to imprisonment for not more than 1 month or to both fine and imprisonment.

(6) The judge shall direct the sheriff to provide the jurors with suita ble and sufficient food, refreshment, accommodations and other re quirements while they are together until they have given their verdict. 20 A person summoned to serve as a juror, except a person who is not qualified, is excluded or has been exempted, who fails to obey the summons or fails to answer to his name when called by the clerk is guilty of an offence and is liable to a fine of not more than $1000 or to imprisonment for not more than 1 month or to both fine and imprisonment. Penalty for 21 A proper officer of a municipality who contravenes

section 6 is f~~:!tig!ovide guilty of an offence and is liable to a fine of not more than $1000 or to imprisonment for not more than 1 month or to both fine and imprisonment. Contempt of court 22(1) It is contempt of court for (

a) a person interested in a proceeding, or (

b) a barrister, solicitor, counselor agent, before or during the trial or at any time after a person has been summoned to serve as a juror, to knowingly, directly or indirectly, speak to or consult with that person respecting the proceeding or any matter or thing relating to the proceeding.

(2) It is contempt of court for a person, after he has been summoned, to speak to or consult with (

a) a person interested in a proceeding for which the person has been summoned, or (

b) a barrister, solicitor, counselor agent of that person, respecting the proceeding or any matter or thing relating to the pro ceeding. ~3) This

section does not apply if a person summoned to se~e as, a Juror is not qualified or is excluded and does not serve as a Juror 1fl the proceeding, nor to anything that properly takes place in the course of the trial or the conduct of the proceeding. 9

'Leave from employ~ent to serve as Juror Regulations AmendsRSA 1980cN·6 AmendsRSA 1980cL-1O RepeaJsRSA 1980cJ·2 Coming into force 23(1) An employer shall allow an employee a sufficient leave of ab sence from his employment to serve as a juror when that employee is summoned to serve as a juror.

(2) An employer or agent of an employer who, directly or indirectly, threatens to cause or causes actual loss of position or employment of an employee summoned because of his response to the summons or his service as a juror, is guilty of an offence and is liable to a fine of not more than $5000 or to imprisonment not exceeding 3 months or to both fine and imprisonment. 24 The Lieutenant Governor in Council may make regulations (

a) prescribing judicial centres for the purposes of this Act; (

b) prescribing the manner of applying for an exemption under

section 5; (

c) respecting the selection of persons to a jury panel; (

d) prescribing the manner and form in which the names and addresses of persons on a jury panel are to be recorded; (

e) respecting the selection of persons from the jury panel to pro vide a jury; (

f) governing the fees and allowances payable to jurors; (

g) prescribing forms to be used under this Act. 25 The Naturopathy Act is amended by repealing

section 27. 26 The Legislative Assembly Act is amended by repealing

section 43. 27 The Jury Act,

chapter J-2 of the Revised Statutes of Alberta 1980, is repealed. 28 This Act comes into force on Proclamation. 10 Title: 1982 (19th, 4th) Bill 27, Jury Act

Document details

Collection	Alberta — Bills
Citation	L19 S4 3817
Type	bill
Volume / chapter	L19 S4 3817
Language	en
Format	json
Source	PROVINCIAL
Identifier	34de899eda5ab63ecbca18aad0983abe7f312057

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