Sentences with phrase «jury roll»

According to the dissent, as long as the jury was selected from a representative jury roll, the accused's right to a fair, independent and impartial hearing would be met.

In 2013, Former Supreme Court judge Frank Iacobucci, who authored a report on the lack of Indigenous representation on jury rolls on First Nations reserves, recommended that the Ministry of the Attorney General «undertake a prompt and urgent review» of «using the OHIP database.»

Last week the Supreme Court of Canada released its decision in R v. Kokopenace, concerning the issue of underrepresentation of Aboriginal people living on reserves on jury rolls in Ontario.

In the 2008 jury roll from which Mr. Kokopenace's jury members were selected, Aboriginal people living on reserve made up only 4.1 per cent of the individuals, despite making up 30 per cent of the general population in the district.

In the case of Ontario, the province has taken some steps to address the findings of the Iacobucci report, including allowing Aboriginal people living on reserves to volunteer for jury rolls for the purposes of inquests under the Coroner's Act.

As pointed out by the dissenting judges in Kokopenace, the majority's decision conflated a representative jury roll with a representative jury.

The dissenting judges rightfully hold the province to a high standard, requiring it to take steps that would actually make jury rolls representative.

He concluded that state «action or inaction» was tied to Aboriginal underrepresentation on jury rolls in Ontario.

Cassandra Porter and Natai Shelsen review the Supreme Court of Canada's decision in R v. Kokopenace, a case dealing with the under - representation of Aboriginal people on jury rolls.

A more critical finding by the majority of the Supreme Court in Kokopenace would encourage further action by the province to ensure representative jury rolls in criminal and civil court cases as well.

Court of Appeal finds government did not make reasonable efforts to include Aboriginal persons in jury rolls.

«If we had more representative jury rolls, if there were far more indigenous people on the rolls, then you have a limited number of peremptory challenges, you wouldn't be able to use them to sway the jury in that way,» she says.

Prior to sentencing, Kokopenace's trial counsel discovered irregularities in the jury roll, which are alleged to have excluded First Nation on - reserve residents.

The following are a few of «broad problems» that Iacobocci identifies as contributing to the specific issue of underrepresentation of First Nations peoples on the jury roll.

However, just before sentencing, his counsel became aware that there may have been problems with the inclusion of Aboriginal on - reserve residents on the jury roll.

The jury did not have to accurately reflect the diversity of the general population, but the jury roll should come close.

Both the majority and the dissenting decision in Kokopenace placed an obligation on the province to take steps to ensure a representative jury roll.

Clifford Kokopenace, an Aboriginal man convicted of manslaughter, argued that he was denied the right to an independent and impartial trial by jury because of underrepresentation of Aboriginal people living on reserves in the jury rolls for the District of Kenora.

Two dissenting judges, Justice Cromwell and Chief Justice McLachlin, found that the province was required to take steps to ensure that jury rolls are representative, and did not meet its obligations in that regard.

The majority of the Supreme Court found that Ontario made reasonable efforts to ensure that Aboriginal people on reserve were included in the jury roll, even though the province's efforts to increase Aboriginal participation and assemble a representative jury roll were unsuccessful.

The decision of the Supreme Court in Kokopenace was divided, with four of the seven judges finding that despite the underinclusion of individuals living on reserves in the District of Kenora on jury rolls, Mr. Kokopenace's right to a fair, impartial and representative jury under the Canadian Charter of Rights and Freedoms was not violated.

In Canada, the right to an independent and impartial jury means that the government can not deliberately exclude certain groups from the jury roll, the list of individuals eligible to serve on a jury.

The drastic underrepresentation of on - reserve Aboriginal people on the jury roll in Kokopenace meant that Mr. Kokopenace's right to a fair trial was not met; the petit jury would not be selected from a representative roll.

Failing to ensure that the jury roll is representative of a community may undermine the representativeness of the process.

In the dissenting decision, they stated that representativeness should focus on whether the jury roll is as representative of the community as would be a group of individuals selected randomly from that community.

The case deals with what duty the Ontario government has to ensure that First People who live on reserve are included on jury rolls (list of potential -LSB-...]

In its ruling on the issue this year in R. v. Kokopenace, the Ontario Court of Appeal highlighted the government's duty to make reasonable efforts to include First Nations members on jury rolls.

In the end, Goodman distinguished Kennedy from Kokopenace, a case that featured a number of indications on the government's part that it hadn't been doing that much to include aboriginals on jury rolls.

It was found that his jury was derived from a jury roll that did not adequately ensure the inclusion of Aboriginal on - reserve residents.

A majority of the Ontario Court of Appeal ordered a new trial, finding that Mr. Kokopenace's rights under sections 11 (d) and 11 (f) of the Canadian Charter of Rights and Freedoms had been violated because the jury roll from which his jury was selected was not sufficiently representative.

The issue in Kokopenace was the under - representation of Aboriginal people on jury rolls, and the nature and extent of the state's duty to address that problem.

While the on - reserve adult population in Kenora District accounted for approximately one third of the adult population, on - reserve residents made up only 4 % of the jury roll in 2008 (the year in question).