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ARTICLE · 30 AUGUST 2018

Juries Behaving Badly

Miller Thomson
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Jury duty is an – often dreaded – civic duty central to the justice system in Canada. A juror's duty is to listen to the evidence and argument, and to deliver an independent, impartial decision based

CanadaLitigation, Mediation & Arbitration

Jury duty is an – often dreaded – civic duty central to the justice system in Canada. A juror's duty is to listen to the evidence and argument, and to deliver an independent, impartial decision based on the case presented to him or her. Unfortunately, however, jurors don't always abide by the directive to be impartial and independent. Despite charges routinely cautioning jurors not to conduct independent research on the case, such instructions are sometimes flouted. With the increased ease of access to information, juries behaving badly is an increasingly prevalent issue. In a case that addressed the issue of jurors conducting independent research, the Ontario Court of Appeal acknowledged the risk, stating "[i]n this information rich age, devices able to access the internet are ubiquitous."

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