A series of cases occupying the country’s highest courts has cast a
spotlight on Crown attempts to probe the personal backgrounds of
prospective jurors, potentially undermining the sanctity of the jury
system.
With the Supreme Court of Canada still deliberating over
three cases involving such jury vetting, the Ontario Court of Appeal has
wrapped up a week of appeals that also included a look into whether the
jury system treats aboriginals unfairly.
The most contentious case involves a 2007 murder trial in Barrie, Ont.,
where the Crown was privy to private, background information about the
mental health, age and driving records of many of the 280 citizens in
the jury pool. The defendant, Clare Alexander Spiers, is appealing his
conviction on the basis that the background checks stacked the odds
against him.
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