Sentences with phrase «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.

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.

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

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.

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.

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.

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.

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.

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.»

Not exact matches

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.

Preparation — for Ebola, for a grand jury verdict, for policy roll - outs — is a hallmark of the administration, Mr. Ragone said, as is the mayor's focus on the ultimate outcome, the product, the long view.

While the jury is still out on whether foam rolling is the best method for SMR, recent studies have shown that proper foam rolling before or after a workout does have its benefits.

In Cannes, all of the major US and European trades publish daily news magazines, and some create their own juries tracking favourites for the completion as the festival rolls on at the rate of two competition films a day.

The latter award is one I predicted (not with any great enthusiasm, mind) the moment the credits started rolling on the film: as well as it being the kind of showily «brave» work that festival juries often fall for, it always seemed likely Gallo would get some kind of pat on the back for bringing two features (plus a short) to Venice this year.

«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.

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.

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.

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.

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 selecJury 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 selecjury 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 selecjury 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 selecjury 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 selecjury notices to those who have been randomly selected.

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

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).

The jury selection list is based on the province's property assessment rolls, excluding many renters, boarders, students, seniors, spouses who are not named on property titles, transient and low - income people, Indigenous people and those unable to afford property in a red - hot real estate market.