NCJ Number
69317
Date Published
1979
Length
15 pages
Annotation
A PROPOSAL FOR REFORMING THE LAW GOVERNING JURY SERVICE IN SASKATCHEWAN, CANADA, IS PRESENTED BY THE PROVINCE'S LAW REFORM COMMISSION.
Abstract
SHORTCOMINGS IN EXISTING JURY LAW ARE IDENTIFIED RELATIVE TO THE MAKEUP OF THE JURY, JURY SELECTION PROCEDURES, PAYMENT OF JURORS, AND THE PROVISION OF JURY TRIALS IN CIVIL MATTERS. EXPANSION OF THE POOL FROM WHICH JURORS ARE SELECTED IS RECOMMENDED, AS IS THE ELIMINATION OF ALL AUTOMATIC EXCLUSIONS FROM JURY SERVICE EXCEPT THOSE THAT CAN BE JUSTIFIED ON PRINCIPLE. SUCH EXCEPTIONS ARE LISTED. USE OF THE SASKATCHEWAN HOSPITAL SERVICES PLAN BENEFICIARY LIST, WHICH INCLUDES THE NAMES OF 98 PERCENT OF THE POPULATION, IS RECOMMENDED AS A MEANS OF INCREASING THE REPRESENTATIVENESS OF JURIES. USE OF THIS SOURCE WOULD MEAN THAT MORE PERSONS OF NATIVE ANCESTRY WOULD BE SELECTED FOR JURY DUTY. GUIDELINES FOR DETERMINING COMPENSATION PAID TO JURORS ARE OUTLINED. THE EXISTING REQUIREMENT OF A $1,200 DEPOSIT FROM CIVIL LITIGANTS WISHING A JURY TRIAL IS SAID TO FAVOR WEALTHIER LITIGANTS AND TO FORCE MANY OTHER LITIGANTS TO SETTLE OUT OF COURT REGARDLESS OF THE MERITS OF THE CASE. TO CHANGE THIS SITUATION, IT IS RECOMMENDED THAT THE SIZE OF THE CIVIL JURY BE REDUCED FROM 12 TO 6, AND THAT NO DEPOSIT BE REQUIRED FOR CIVIL LITIGATION IN WHICH THERE IS AN IDENTIFIABLE PUBLIC INTEREST IN HOLDING A JURY TRIAL. GUIDELINES FOR DETERMINING DEPOSITS IN OTHER CIVIL CASES ARE ALSO OFFERED. A MODEL LAW EMBODYING THESE AND OTHER REFORMS IS PRESENTED, TOGETHER WITH SAMPLE JUROR SUMMONS AND REPLY FORMS.