What is a citizen's responsibility regarding jury duty?

Jury duty is a civic responsibility that Canadian citizens may be called on to perform when summoned by a provincial sheriff or court official. Juries decide questions of fact in serious criminal trials and some civil trials, ensuring that guilt or liability is determined by ordinary members of the community rather than by judges alone. The right to a jury trial in serious criminal matters is protected by section 11(f) of the Canadian Charter of Rights and Freedoms, which guarantees a jury for any offence punishable by five years or more in prison.

Each province administers its own jury system under provincial statutes such as the Ontario Juries Act, the British Columbia Jury Act, and Quebec's Code of Civil Procedure. Citizens are typically selected from voter lists and other public databases, with notices mailed to summoned individuals. The Criminal Code sets out selection procedures, juror challenges, and the requirement of unanimous verdicts in criminal trials. Jury panels for criminal trials normally consist of 12 jurors plus alternates, with civil juries usually having 6 jurors.

Several categories of citizens are excluded or excused from jury service. Those under 18, non-citizens, persons convicted of indictable offences, lawyers, judges, members of legislatures, and persons employed in law enforcement are commonly ineligible. Citizens with significant hardship including family-care responsibilities or essential professional duties may apply for exemption. Employers in most provinces are required to grant unpaid leave for jury service, with some jurisdictions providing modest daily allowances ranging from $40 to $100 once service exceeds a threshold of days.

The composition of Canadian juries has been the subject of constitutional litigation, particularly around Indigenous representation. R. v. Kokopenace (2015) addressed the underrepresentation of First Nations on Ontario jury rolls, and the Iacobucci Report of 2013 recommended major reforms. Bill C-75 of 2019 abolished peremptory challenges in criminal trials, partly in response to the controversial all-white jury that acquitted Gerald Stanley in the killing of Colten Boushie in Saskatchewan in 2018.