Choosing Jurors and Peremptory Challenges Only

Note: Specimen jury instructions serve as a template that trial judges must adapt to the particular circumstances of each trial, not simply read out in whole. They are not designed to be delivered "as-is." More information about the use of specimen instructions is found in the Preface and A Note to Users, which you can find here.

2.1 Choosing Jurors and Peremptory Challenges Only

Note[8]

(Last revised June 2012)

[1] To start jury selection, the clerk will choose (specify number) numbers at random, then read them out loud. If your number is called, please come forward and stand where shown by court staff.

[2] Both the Crown and the defence participate in the process of selecting jurors.

[3] As each number is read, each lawyer will say “content” or “challenge”, without saying why. If any lawyer says “challenge” when your number is called, you will not become a juror in this case. If both (all) lawyers say “content”, you will become a juror in this case. We will repeat the procedure until we have chosen twelve jurors^{^[9]} (and one/two alternates).

[4] When the Crown and the defence use the rights that our law gives them to challenge jurors they do not mean to offend anyone. Do not feel embarrassed if you are not selected. Do not take it personally. It is a normal part of jury trials.

[8] When selecting more than one jury at a time, this instruction may require some modification. It should be given only where there is no challenge for cause. Where there is a challenge for cause, Preliminaries 2.2 to 2.4 should be given.

[9] These instructions will have to be modified if an order is made pursuant to s. 631(2.2) of the Criminal Code for the selection of thirteen/fourteen jurors.