What is jury duty?

Jury duty is the legal obligation of eligible Canadian citizens to serve on a jury when called by a court. Juries decide questions of fact in serious criminal trials and some civil trials, applying the law as instructed by the judge. The right to a jury trial in serious criminal matters is constitutional: section 11(f) of the Canadian Charter of Rights and Freedoms guarantees a jury for any offence punishable by five years or more in prison, except for offences under military law tried before a military tribunal.

Each province operates its own jury system under provincial statutes such as the Ontario Juries Act, the British Columbia Jury Act, the Alberta Jury Act, and Quebec's Code of Civil Procedure. Citizens are typically selected from voter lists and other public databases, with summons mailed to selected individuals. A criminal jury normally consists of 12 jurors plus alternates and must reach a unanimous verdict; a civil jury usually has 6 jurors. The Criminal Code, Part XX, sets out federal procedures including peremptory and for-cause challenges, sequestration, and deliberation rules.

Several categories of citizens are excluded from jury service. Common exclusions include persons under 18, non-citizens, those convicted of indictable offences punishable by 12 months or more of imprisonment, lawyers, judges, members of Parliament and provincial legislatures, and persons employed in police or corrections services. Citizens with significant hardship including caregiving responsibilities, essential professional duties, or financial difficulty may apply for exemption. Most provinces require employers to grant unpaid leave for jury service, with daily allowances ranging from $40 to $100 once service extends beyond a threshold.

Reform of the jury system has accelerated since the 2018 acquittal of Gerald Stanley by an all-white jury in the killing of Cree man Colten Boushie in Saskatchewan. Bill C-75, which received Royal Assent on June 21, 2019, abolished peremptory challenges in Canadian criminal trials. The Iacobucci Report of 2013 had earlier recommended major reforms to address the underrepresentation of First Nations on Ontario jury rolls, and R. v. Kokopenace (2015) addressed similar issues at the Supreme Court of Canada. Many provinces now use enhanced jury rolls including health-card data to broaden representation.