Revisiting Representativeness in the Manitoban Criminal Jury

34 Pages Posted: 6 Aug 2017

See all articles by Richard Jochelson

Richard Jochelson

Robson Hall, University of Manitoba Faculty of Law

Michelle Bertrand

University of Winnipeg

Rod Lindsay

Queen's University - Faculty of Arts & Science

Andrew M. Smith

University of Ontario Institute of Technology (UOIT)

Michael Ventola

University of Toronto

Natalie Kalmet

University of Toronto

Date Written: 2015

Abstract

In this paper, we investigate how Canadian courts, and in particular, Manitoba courts have responded to jury representation problems raised in the 1991 report. We also review Ontario cases such as the Iacobucci Report (Ontario 2013) which indicated that the issue of Indigenous representativeness on juries is a significant challenge in Ontario. Given that case law supports the conception of the jury as the conscience of the community, we also endeavour to identify perceptions of representativeness of a population of students who participated in our survey.

Keywords: Jury, Representativeness, Charter, Criminal Law, Indigenous Members

JEL Classification: K14

Suggested Citation

Jochelson, Richard and Bertrand, Michelle and Lindsay, Rod and Smith, Andrew M. and Ventola, Michael and Kalmet, Natalie, Revisiting Representativeness in the Manitoban Criminal Jury (2015). Manitoba Law Journal, Vol. 37, No. 2, 2015, Available at SSRN: https://ssrn.com/abstract=2995850

Richard Jochelson (Contact Author)

Robson Hall, University of Manitoba Faculty of Law ( email )

Winnipeg R3T 5V4, Manitoba
Canada

HOME PAGE: http://www.robsoncrim.com

Michelle Bertrand

University of Winnipeg ( email )

Winnipeg, Manitoba R3B 2E9
United States

Rod Lindsay

Queen's University - Faculty of Arts & Science ( email )

United States

Andrew M. Smith

University of Ontario Institute of Technology (UOIT) ( email )

Michael Ventola

University of Toronto ( email )

105 St George Street
Toronto, Ontario M5S 3G8
Canada

Natalie Kalmet

University of Toronto ( email )

105 St George Street
Toronto, Ontario M5S 3G8
Canada

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