Legal Process for Jury Trials in Ontario

Understand every step—from first court appearance to final verdict—with plain-language guides and juror-focused tips.

How Jury Selection Works Inside Jury Deliberations

Ontario jury trials follow a predictable but detail-rich path. This guide demystifies the legal milestones you’ll encounter as a juror, weaving Criminal Code references into plain language so you can focus on fair decision-making rather than unfamiliar jargon.

Pre-Trial Phase

  • Charge Laid
    Police lay an information or indictment. Typical duration: Instant.
  • First Appearance
    Accused is brought before a justice. Duration: 5–15 minutes.
  • Disclosure
    Crown shares evidence with defence under Criminal Code s. 603. Duration: Variable.
  • Judicial Pre-Trial (JPT)
    Judge, Crown, and defence streamline issues. Duration: ½ day.
  • Charter & Other Motions
    Defence may seek to exclude evidence under Charter s. 24(2). Duration: 1–2 days.
  • Trial Readiness Confirmation
    Court sets firm trial dates; summons for jury panel issued. Duration: 10 minutes.

Key Takeaway

By the time you receive a summons, months of legal prep have passed. Your primary role begins at selection and peaks during deliberation—focus on evidence, not procedure.

Jury Selection & Voir Dire Recap

Jury selection under Criminal Code s. 631 turns a random panel into a 12-person decision-making body. Counsels exercise for-cause challenges in Ontario—peremptory challenges were abolished in 2019—while the judge screens for language issues, conflicts, or hardship. A typical Toronto panel starts at 120 people and may shrink to 70 after exemptions. Expect the clerk to pull numbers from a drum; when yours is called, you’ll step forward for brief questioning.

Voir dire itself is a “trial within a trial” (s. 645) deciding admissibility matters outside jury earshot. Topics range from expert-witness credentials to voluntariness of statements. While jurors wait in a lounge, lawyers and judge hash out these points so the eventual jury hears only properly filtered evidence.

Packing patience helps: high-profile cases can take two or three days to empanel all jurors. Bring ID, reading material, and a charged phone (cameras must stay off in the courtroom). If selected, you’ll swear or affirm to return a true verdict according to the evidence.

Interactive Challenge Counter

Canadian law allows an unlimited number of for-cause challenges if potential bias exists. Use the buttons to simulate counsel decisions:

Total Challenges Used: 0

Quick Facts

  • Average panel size: 90–140 citizens
  • Challenges for cause require judge approval
  • Bring snacks—panel waits can exceed 2 hrs
  • Acceptable items: water bottle, book, charger
  • Forbidden: cameras, audio recorders, weapons
Illustrative overview of an Ontario criminal courtroom during a jury trial

Opening Statements, Evidence & Witnesses

Once the jury is sworn, the Crown delivers an opening statement outlining the allegations and burden of proof beyond a reasonable doubt. Unlike American trials, Canadian defence counsel may defer its opening until after the Crown’s case. Six key stages typically unfold in the “order of proof.”

Stage Led By Purpose Notes
Crown Opening Statement Crown Counsel Present roadmap of evidence Cannot argue verdict at this stage
Crown Witnesses & Exhibits Crown Counsel Prove elements of offence Defence cross-examines each witness
Defence Motion for Directed Verdict (optional) Defence Counsel Argue insufficient evidence Judge may dismiss charges under s. 645(5)
Defence Evidence Defence Counsel Present alibi or alternative theory Accused may testify but is not required
Rebuttal Crown Counsel Address new defence points Limited to unexpected matters
Sur-Rebuttal Defence Counsel Final clarification Rarely used, judge’s discretion

Expert testimony often spawns a voir dire within a trial. The jury is excused while the judge decides if the expert meets the Mohan criteria—necessity, relevance, reliability, and absence of exclusionary rule. Once qualified, the expert can translate technical evidence into lay terms for jurors.

Throughout witness testimony, take concise, neutral notes. Focus on dates, distances, and direct quotes rather than emotional impressions. Exhibits such as photographs or forensic reports will be available during deliberation; note their exhibit numbers for quick reference.

Evidence Handling Tips for Jurors

  • Resist researching terms—outside information jeopardises a fair trial.
  • Ask the judge in writing if you need clarification on technical jargon.
  • Keep notes organised by witness name and exhibit number for easy recall.

Closing Arguments & Judge’s Charge

The Crown goes first, summarising how evidence meets each element of the offence. Defence responds by highlighting reasonable doubt, alternative theories, or credibility gaps. Lawyers may use visual aids but may not introduce new evidence. Expect persuasive storytelling—your role is to weigh argument against the actual testimony and exhibits.

After arguments, the judge delivers a structured charge outlining relevant law, burdens of proof, and how to weigh evidence. Ontario judges often provide a written copy for deliberations, especially in complex cases.

Can I Take Notes?

Yes. The Juries Act encourages note-taking, and judges frequently supply notebooks. Notes remain confidential and are destroyed after verdict.

Jurors can submit written questions for witnesses via the judge, who will decide admissibility before posing them.

Jury Deliberation & Verdict

Deliberation starts once the bailiff escorts jurors to a secure room. All exhibits, the judge’s charge, and a verdict sheet accompany the group. Deliberations are strictly confidential under Criminal Code s. 648; discussing evidence with outsiders—even family—is a criminal offence.

  • 🔑 Elect Foreperson – Facilitates discussion and announces verdict.
  • 📂 Review Exhibits – Confirm you understand physical and documentary evidence.
  • ⚖️ Discuss Law – Reference the judge’s instructions for legal standards.
  • 🗳️ Vote – Secret ballot or show of hands; aim for unanimity. Majority verdicts are not allowed in criminal cases.
  • 📢 Deliver Verdict – Return to court; foreperson announces verdict. Judge polls jury if clarity needed.

Should jurors reach an impasse, the judge may give an “Allen charge” encouraging renewed effort. If deadlock persists, a hung jury results and the Crown decides whether to retry. Learn more in our guide to jury deliberation best practices.

Frequently Asked Questions

A mistrial occurs when a fundamental error—such as juror misconduct, prejudicial media exposure, or an improper remark by counsel—irreparably taints fairness. Judges declare a mistrial under Criminal Code s. 686 when no corrective instruction can cure the defect. The jury is discharged, the indictment remains, and the Crown decides whether to retry. Sometimes only specific charges are retried, or the matter resolves through a plea. Key takeaway: mistrials reset the clock but do not automatically free the accused.

Yes and no. A hung jury means jurors cannot reach unanimity. The trial ends without verdict, but evidence and exhibits already adduced can be reused at a new trial, saving court time. The Crown will assess public interest, witness availability, and resource cost before electing a retrial. Key takeaway: lack of unanimity does not acquit; the prosecution gets another opportunity.

Sequestration is rare and typically reserved for high-profile cases with intense media coverage. Under s. 649, judges may order jurors to stay in a hotel once deliberations begin to shield them from outside influence. Meals, lodging, and welfare are covered by the Ministry. Key takeaway: pack essential medication when summoned; sudden sequestration can last days.

Juror names appear on public court documents at the start of trial, but media rarely publish them out of courtesy. Deliberations, however, are permanently sealed; publishing them is contempt of court. After verdict, jurors may speak publicly but remain bound not to reveal deliberation details. Key takeaway: your vote and discussions must stay private forever.

The trial can proceed with as few as ten jurors in Ontario. If illness reduces numbers below ten, the judge must declare a mistrial unless an alternate juror was sworn. Courts increasingly empanel 14 jurors at the outset, excusing two by lot before deliberations to prevent this issue. Key takeaway: health emergencies do not automatically end a trial if sufficient jurors remain.

All exhibits except dangerous items (e.g., firearms) accompany jurors into the deliberation room. Sensitive media may be reviewed on court-supplied laptops without internet access. Jurors can request playback of audio or video, which court staff facilitate. Key takeaway: exhibits are jurors’ primary memory aid—inspect them thoroughly before voting.

No. Deliberations are secret and unrecorded to encourage frank discussion. Appellate courts rely on trial transcripts, exhibits, and legal rulings—not jury room dialogue—to assess fairness. Key takeaway: speak openly and respectfully, knowing your conversation stays within the jury room.

From pre-trial motions to confidential deliberations, you now have a step-by-step map of the Ontario jury trial process.

Ontario Jury FAQ Resource Centre
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