Ontario Jury Deliberation Process

What really happens once the courtroom doors close and the decision is in your hands.

Deliberation is the confidential discussion where jurors transform evidence into a verdict. In Ontario, the rules differ from U.S. majority voting or U.K. “10 of 12” compromises—criminal verdicts must be unanimous. This guide demystifies every phase, from the judge’s final charge to handing the signed verdict form to a court officer. If you still need pre-trial context, revisit voir dire explained or brush up on juror compensation rules for sequestered days.

From Charge to Jury Room

  1. Judge’s Charge
    The judge summarises the law, highlights evidence, and explains your duty to apply legal tests objectively.
  2. Sequestration Begins
    Jurors surrender phones and are escorted to a private room—news, social media, and outside discussions are off-limits.
  3. Court Officer Escort
    A uniformed court officer accompanies the panel to washrooms, meals, and—if sequestered overnight—to a hotel floor reserved exclusively for jurors.
  4. First Private Meeting
    Behind closed doors, jurors elect a foreperson, set ground rules, and decide the first discussion order.

Electing a Foreperson & Organising Discussion

Ontario’s Juries Act leaves foreperson selection entirely to jurors. Some panels choose the first volunteer; others ballot anonymously to avoid awkwardness. The foreperson’s tasks are straightforward but crucial: keep discussion on track, sign questions to the judge, and read the verdict aloud. Courts recommend selecting someone who is organised, calm under pressure, and willing to speak publicly.

Once leadership is settled, seasoned jurors suggest a two-phase approach. Phase 1: gather initial impressions without debate—this limits early domination by confident voices. Phase 2: structure deep dives topic-by-topic (e.g., eyewitness reliability, forensic exhibits). Rotating who speaks first each round helps prevent group-think and ensures quieter jurors are heard.

6-Step Checklist for Productive Deliberations

  1. Anonymous straw poll—capture gut reactions.
  2. Create an agenda ordered by indictment counts.
  3. Elect a timekeeper to cap each topic.
  4. Nominate a note-recorder on the whiteboard.
  5. Rotate speaking order to balance airtime.
  6. Re-read legal tests before every formal vote.
Jurors seated around a conference table reviewing trial notes

Evaluating Evidence & Applying Law

Evidence Tasks Legal Tests (Plain English)
Witness Testimony – check consistency via read-backs Credibility: Would an ordinary person find the account trustworthy?
Physical Exhibits – inspect weapons, clothing, documents Chain of Custody: Was the item likely untampered?
Expert Evidence – weigh qualifications and cross-examination Probative Value: Does the opinion help prove a point beyond reasonable doubt?
Agreed Facts – items both sides accept Acceptance: Treat as proven—no need for debate.

A useful yard-stick: “Possible” means the event could have occurred; “Probable” means it likely occurred. Ontario judges remind jurors that criminal guilt requires proof beyond a reasonable doubt, which sits closer to “sure” than to “probable,” but never demands 100 % mathematical certainty.

Reaching a Verdict—Unanimous vs. Majority

In Ontario criminal trials, all 12 jurors must agree—12-0. The foreperson will poll the room, often by secret ballot or show of hands. If the panel cannot reach unanimity after what the court considers a reasonable time, the judge may declare a hung jury and order a new trial with a fresh panel. Civil inquests, by contrast, require only 5 of 7 jurors; coroner’s inquests permit majority findings, a nuance worth remembering if you’re summoned for these rarer proceedings.

What if no agreement? A hung jury means the accused is neither convicted nor acquitted. Statistics show fewer than 5 % of Ontario criminal panels hang, but the emotional weight can feel larger. Judges often supply supplemental charges urging continued discussion before declaring mistrial. Take breaks, revisit disputed evidence, and consider structured voting intervals to avoid fatigue.

Majority Rules for Non-criminal Matters

  • Civil jury (e.g., defamation): 5/6 agreement permitted.
  • Coroner’s inquest: 5/7 agreement sufficient.
  • Special verdicts (mental disorder): follow criminal unanimity.

Completing Verdict Forms & Court Return

Once consensus is final, the foreperson fills a two-page form supplied by the clerk. Page 1 lists each charge number beside “Guilty” or “Not Guilty.” Page 2 is a certificate with signature and date. Jurors may attach a note requesting clarification of sentencing law, but never include reasoning—it remains confidential. Seal both pages in the provided envelope, ring the buzzer, and wait for the court officer.

Back in court, everyone stands. The clerk asks, “Madam/Sir Foreperson, have you agreed upon your verdicts?” After confirmation, the foreperson reads each count. The judge thanks the panel, confirms unanimous agreement by polling, and either discharges or instructs on sentencing phase attendance. 

Verdict Form
────────────
Charge #: __________
☐  Guilty
☐  Not Guilty

Foreperson Signature: __________
Date: _________________________
  • Seal envelope before buzzing the officer.
  • Bring all exhibits—clerk will collect.
  • Leave personal notes on table; staff will shred.

Frequently Asked Questions

Yes. Section 17 of the Juries Act makes it a criminal offence to reveal what was said in the jury room. This protects candid debate and the accused’s right to a fair trial. You may discuss your personal feelings afterward, but never disclose specific comments, votes, or stories shared by fellow jurors.

Absolutely. Write a note to the judge via the court officer. Specify the exhibit number and whether you need special equipment (e.g., DVD player). The judge decides whether to send the exhibit in or bring the panel back to the courtroom for a supervised viewing.

Use the notepad provided. The foreperson signs and dates the question, rings the buzzer, and hands it to the officer. Expect to return to court where the judge reads the question aloud before answering so both parties hear the same information.

Notify the officer immediately. The judge will assess whether the juror can continue after medical care or whether the trial must restart with a new panel. In life-threatening situations the court may declare a mistrial. See excusal rules for individual hardship.

No. All notes are collected and destroyed to preserve secrecy. Jurors may keep memories but not written material. If you wish to reflect on the experience, wait until after discharge and write new, non-specific notes.

There is no fixed clock. Judges often inquire after five to eight hours of deliberation and may issue a “Blackett charge” encouraging continued effort. If, after additional hours, unanimity still seems impossible without coercion, the judge may discharge the jury.

You’ve mastered the deliberation phase—now explore the rest of your civic journey.

Explore Full Jury Duty FAQ