This instruction is to be used in place of paragraph [3] where thirteen or fourteen jurors are selected pursuant to s. 631(2.2).

A jury trial normally begins with twelve jurors. However, in certain cases, the trial may begin with thirteen or fourteen jurors. Given the anticipated length of the trial, I have decided that it is in the interest of justice to select thirteen/fourteen jurors in this case. This is to ensure that a complete jury is available to deliberate.

All jurors chosen will have the duty to watch and listen to all of the proceedings.

You should be aware, however, that the law allows only twelve to deliberate, and therefore I will have to reduce the jury to twelve before deliberation by drawing numbers at random. The remaining twelve jurors will have the duty to decide whether (NOA) is guilty or not guilty.

All jurors selected, whether they end up deliberating or not, will have performed an essential role in the administration of justice.

[1] It is the practice in some provinces to alert jurors to exemptions and disqualifications under provincial legislation at this point. It may be the better practice to ask jurors to come forward with respect to issues relating to knowledge of the case or participants, or prior involvement, as a group rather than singling people out, which could be embarrassing (e.g., for victims of sexual assault).

[2] 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.

[3] If the trial is not expected to start immediately following the jury selection, alternates should always be chosen.