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.
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.
Gov. Andrew Cuomo, who got the ball
rolling against Pedro Espada Jr. during his stint as state attorney general, clearly feels vindicated by the
jury's conviction today of the former Senate majority leader on four counts of theft
from his taxpayer - funded Bronx health clinic.
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.
Criminal Law:
Jury Representation R. v. Kokopenace, 2015 SCC 28 (35475) Representativeness focuses on the process used to compile the jury roll, not its ultimate composition, and the state satisfies the right to a representative jury by providing a fair opportunity to participate in the jury process; and that happens where the state makes reasonable efforts to: (1) compile the roll using random selection from lists drawing from a broad cross-section (2) deliver jury notices to those who have been randomly selec
Jury Representation R. v. Kokopenace, 2015 SCC 28 (35475) Representativeness focuses on the process used to compile the
jury roll, not its ultimate composition, and the state satisfies the right to a representative jury by providing a fair opportunity to participate in the jury process; and that happens where the state makes reasonable efforts to: (1) compile the roll using random selection from lists drawing from a broad cross-section (2) deliver jury notices to those who have been randomly selec
jury roll, not its ultimate composition, and the state satisfies the right to a representative
jury by providing a fair opportunity to participate in the jury process; and that happens where the state makes reasonable efforts to: (1) compile the roll using random selection from lists drawing from a broad cross-section (2) deliver jury notices to those who have been randomly selec
jury by providing a fair opportunity to participate in the
jury process; and that happens where the state makes reasonable efforts to: (1) compile the roll using random selection from lists drawing from a broad cross-section (2) deliver jury notices to those who have been randomly selec
jury process; and that happens where the state makes reasonable efforts to: (1) compile the
roll using random selection
from lists drawing
from a broad cross-section (2) deliver
jury notices to those who have been randomly selec
jury notices to those who have been randomly selected.