Complete List of Jury Duty Disqualifications in Ontario

Use this checklist and plain-English breakdown to confirm whether anything in your background—criminal record, language barrier, conflicts, or capacity order—bars you from serving on an Ontario jury.

Disqualifications are automatic: if one applies, you cannot legally sit, unlike discretionary excusals or deferrals that weigh hardship. Every item here flows from the Juries Act or related criminal statutes.

1. Criminal Convictions

Anyone convicted of an indictable offence within the last five years is disqualified under Juries Act, s. 4(1)(e). The clock does not start on the conviction date—it starts when all parts of the sentence finish, including probation or conditional sentence. Summary-conviction offences do not bar service unless they involved jail that stretched into the last five years.

Indictable vs. Summary Offences

Indictable: Fraud over $5 000, assault causing bodily harm, most DUIs tried by indictment.
Summary: Minor theft under $5 000, causing a disturbance, some first-offence alcohol driving cases.

Sentence Served vs. Suspended

Even a suspended sentence counts as “served” on the day of conviction. Probation that follows must run its course before the five-year wait starts.

Record Suspensions (Pardons)

A Federal record suspension wipes the disqualification instantly. Provide the Parole Board certificate with your questionnaire.

Years Since Sentence Ended	Eligible?
<5 years	No
5 years + 1 day	Yes
Record Suspension Granted	Yes

Example: Alex was convicted of fraud in February 2021 and received two years’ probation, ending February 2023. He becomes eligible five years after 2023—so February 2028—not 2026.

Factor	Statutory Cite	Evidence Needed
Indictable conviction ≤5 yrs	Juries Act s.4(1)(e)	CPIC print-out, sentencing order
Pending indictable charge	Criminal Code s.626(3)	Court docket, bail papers
On parole or probation now	Juries Act s.4(1)(f)	Parole certificate, probation order
Declared mentally incapable	MHA Reg.654/05 s.7	Guardianship order, Form 1
Insufficient English/French	Juries Act s.4(1)(b)	Court interview notes, self-declaration
Conflict of interest	Common law voir dire	Employment letter, case file

2. Pending Charges & Conditional Releases

Being currently charged with an indictable offence disqualifies you—even before trial. The same applies if you signed a peace bond under s. 810 but the underlying allegation is indictable. Conditional or absolute discharges do not count as convictions but do count as findings; you remain ineligible until the one-year discharge period lapses and the file is sealed.

Proof to Provide

Copy of information or indictment (available at courthouse kiosk).
Next court-date print-out from the clerk.
Bail recognizance showing charge section numbers.

Tip if You Have a Record Suspension: Order a local police certificate ($65–$90). Attach it and a copy of your Parole Board letter to the questionnaire, then call the sheriff’s office to confirm receipt. This prevents mistaken summonses from triggering a compliance hearing.

3. Parole, Probation & Conditional Sentences

If you are currently under community supervision—federal parole, provincial parole, conditional sentence (“house arrest”), or probation—you cannot serve (Juries Act, s. 4(1)(f)). These orders mean your sentence is still active. Community supervision associated with earlier summary offences does not override the five-year indictable bar, but it still disqualifies while the order is live.

Checklist of Accepted Documents

Probation order signed by judge and client.
Parole certificate (blue border) from Correctional Service Canada.
Conditional sentence supervision plan from Provincial Probation Services.

Finished supervision? Submit a Completion Letter from your officer; it restarts the five-year clock.

4. Mental Incapacity or Guardian Orders

A person “declared mentally incapable” by a court or subject to a statutory guardianship order cannot serve. Typical paperwork includes a Certificate of Incapacity under the Substitute Decisions Act or a Form 1 involuntary admission under the Mental Health Act. Capacity can be restored—for example, a guardianship terminated after a successful appeal. Provide the termination order to regain eligibility.

If capacity fluctuates—e.g., early dementia—attach your physician’s functional-capacity letter and ask the judge for a deferral rather than automatic disqualification.

Quick Disqualification Checker

Tick any box that applies. Results stay on your device—nothing is stored.

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5. Language Inability

Jurors must grasp trial evidence without an interpreter. The court will not provide translation for jurors—interpreters are reserved for witnesses and accused persons. If you disclose limited English or French on the questionnaire, expect a short oral test at check-in. Inability to follow complex testimony means disqualification. Light accent or ESL status is not enough by itself.

6. Conflict-of-Interest Scenarios

Employment in law enforcement or the Crown: active police, corrections, or Crown staff are barred.
Relationship to a party: victim, accused, or key witness is a friend or relative.
Active civil suit against the Crown: suing the Attorney General makes you ineligible.
Extreme bias risk: prior public statements show inability to remain impartial.

For deep impartiality mechanics, read our voir dire explained page.

What To Do If You Think You’re Disqualified

Gather evidence listed above.
Mark the correct disqualifier on your questionnaire.
Email or mail copies to the sheriff’s office shown on your summons.
Follow up by phone if you do not get confirmation within two weeks.

Need step-by-step forms? See our excusal guide or review the summons overview.

Disqualification FAQ

A conditional discharge is not a conviction, but you remain under court supervision for up to 12 months. During that period you are disqualified. Once the discharge is sealed you may serve, provided no other bars apply.

Generally no. Youth offences under the Youth Criminal Justice Act are sealed from adult criminal records once the access period expires. Unless you are still under a youth sentence, you may serve.

A peace bond is not a conviction, but if it stems from an indictable allegation it triggers the “pending charge” disqualification until it expires (usually 12 months).

Until the Parole Board issues the certificate, your conviction remains on record. You are disqualified until you receive the suspension and submit a copy to the jury office.

Yes. If you believe the court erred, you can write to the regional senior judge requesting review. Provide evidence of language training or certification. Decisions are rarely overturned, so prepare thoroughly.

Possibly. Clerks, paralegals, and articling students working on criminal files can be disqualified to preserve impartiality. Disclose your role; the judge will decide case-by-case.

Still unsure? Review our eligibility guide, explore exemptions, or learn about deferrals.