Is a jury trial the same in Canada and the US?
Asked by: Prof. Christina Fay DDS | Last update: October 29, 2025Score: 4.2/5 (8 votes)
Fewer Jury trials This is a pretty basic one. In Canada, trials before juries are typically saved for criminal cases. In the US, juries are used more often, including on non-criminal cases that, in this country, would typically simply go before a judge.
Is there a trial by jury in Canada?
The jury system is one of the most fundamental institutions in Canada's criminal justice system. Under the Canadian Charter of Rights and Freedoms, every person has the right to be tried by a jury of their peers.
How does jury duty work in Canada?
Jury Selection
These persons are sent a summons or notice to attend court. Under the supervision of a judge of the Court of King's Bench, a twelve-member jury (required for each criminal trial) is selected from this panel by the counsel representing the Crown and the accused (the defence).
Is America the only country with jury trials?
Argentina, Australia, Brazil, Canada, England, and Wales are examples of countries that have lay juries for some criminal trials. Some countries restrict juries to only the most serious criminal cases, such as murder, treason, and war crimes.
Who cannot be on a jury in Canada?
There are also some employment positions and other positions that will disqualify someone from serving as a juror. Members of Parliament or the Legislature, Judges, lawyers, court officials, sheriffs, peace officers, and prison employees cannot serve as jurors.
How Is A Jury Selected In A Canadian Criminal Case?
What is the oldest age you can do jury service?
Most states now let older adults opt out of jury duty. The age varies from state to state, with some setting the threshold at 65 while others have it at 80.
How much do you get paid for jury duty in Canada?
Jurors are entitled to $20/day for the first ten (10) days of trial, $60/day for the 11th to 49th days of trial, and $100/day for the 50th day of trial until completion of the trial. Jurors are also entitled to an allowance for certain expenses if they provide a receipt.
Are jury trials more common in Canada or USA?
Fewer Jury trials
This is a pretty basic one. In Canada, trials before juries are typically saved for criminal cases. In the US, juries are used more often, including on non-criminal cases that, in this country, would typically simply go before a judge.
Can a judge overrule a jury?
A judge will issue a JNOV if he or she determines that no reasonable jury could have reached the jury's verdict based on the evidence presented at trial, or if the jury incorrectly applied the law in reaching its verdict.
Is the 7th Amendment still $20 dollars?
Interestingly enough, the exact wording of the Seventh Amendment doesn't generate much debate, not even the Twenty Dollar Clause. The amount has never been changed to account for inflation, which would put the amount over $500 today.
What are the excuses for getting out of jury duty in Canada?
The Jury Act provides examples of potential grounds for exemption such as: over age 65, hardship, religion, and language barriers. However, individuals may request an exemption for any number of reasons.
What is a charge to the jury in Canada?
During a Supreme Court judge and jury trial, the charge to the jury is the instructions given to the jury by the judge which summarize the case and explain the law, enabling the jury to apply the law to the facts of the case.
What do you wear to jury duty in Canada?
Therefore, jurors are requested to dress in a manner that is respectful to the litigants and the court. You may wear comfortable but appropriate business-like clothing. Shorts, jeans, t-shirts, tank tops and sweatshirts should not be worn.
What is jury duty in Canada like?
A jury is a group of people randomly selected to make decisions at a trial in a court of law. A judge guides a jury through a trial by explaining the law and legal terms. You don't need to know anything about the law to serve on a jury. Jurors also participate in coroner's inquests.
Can jurors take notes in Canada?
Jurors are permitted to take notes during the trial. They cannot interrupt the trial if they have questions, but they can pass a note to the foreperson to ask the judge to explain aspects of the case.
What happens with a hung jury Canada?
In Canada, the jury must reach a unanimous decision on criminal cases. If the jury cannot reach a unanimous decision, a hung jury is declared. A new panel of jurors will be selected for the retrial. Each jury in criminal courts contains 12 jurors.
What happens if one juror disagrees?
If even one member of the jury panel disagrees with the rest, the jury is hung, and the defendant retains the presumption of innocence.
Can a judge deny a jury trial?
In civil cases the right to jury trial may be waived as provided by applicable law, but waiver should neither be presumed nor required where the interests of justice demand otherwise.
What does NOV stand for in law?
NOV is the acronym for the Latin phrase non obstante veredicto, which directly translates to “notwithstanding the verdict.” NOV or non obstante veredicto is usually used in the context of JNOV (judgment non obstante veredicto) to describe a judgment entered for one party even though a jury has issued a verdict for the ...
Why are jury trials rare in Canada?
Compared to “judge alone” trials, jury trials are expensive. They usually take longer to conclude and require more court resources. a message to Parliament” about their views of the law by refusing to apply it and acquitting the accused.
Does Canada have the same rights as America?
The Canadian Charter or Rights and Freedoms is the equivalent to our Bill of Rights. Both guarantee the right to freedom of speech and the press, peaceably assemble, travel, due process, privacy, an attorney and speedy trial in criminal cases, and trial by jury in certain cases.
Can I tell people I have jury duty?
You can tell anyone that you have been called for jury service. But it's an offence to give information about any other juror called for jury service. You should tell anyone that may be affected by you serving on a jury.
Who is exempt from jury duty in Canada?
you have a physical or sensory disability; you have serious health problems; you have too many family responsibilities; you have served as a juror, or been retained for jury duty, in the last five years.
What is the best excuse to miss jury duty?
- Has a physical or mental disability that would prevent him/her from serving. ...
- Must provide actual and necessary care for another and alternate arrangements are not feasible. ...
- Is unable to read or understand the English language.
- Over 75 years of age.
Can you refuse to be on a sequestered jury?
Can I Refuse to Serve on a Sequestered Jury? Jury duty is a civic responsibility, and you cannot refuse to serve (at least, not without having to pay a penalty). However you can take steps to make yourself as undesirable as possible. Sometimes hardship at work or home can be enough to get you dismissed.