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Unrepresentative jury roll violates Charter rights

June 14, 2013

On June 14, 2013, the Ontario Court of Appeal overturned the conviction of an Aboriginal man on the basis that the government had not made reasonable efforts to include Aboriginal persons in the jury rolls from which juries are selected.

A majority of the Court held that the government’s failure to put in place a process to prepare a jury roll that ensured adequate representative inclusion of Aboriginal on-reserve residents violated the appellant’s rights under the Canadian Charter of Rights and Freedoms.

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Jessica Orkin

Practice Areas

Appeals & Judicial Review, Criminal Law