Voir Dire Explained for Ontario Jurors
Know the questions, your rights, and the best ways to stay calm during jury selection.
If the words voir dire make you picture an intense courtroom cross-examination, relax: it is simply the question-and-answer stage of Ontario’s jury selection. Lawyers and the judge ask prospective jurors brief, targeted questions to confirm impartiality and eligibility. You are not on trial—your honesty is all that counts. This guide demystifies the process, shows example questions, outlines your legal rights, and shares proven techniques to keep nerves in check so you can serve with confidence.
What Is Voir Dire?
Origin
The term comes from Norman French—literally “to speak the truth.” Adopted by English common-law courts in the 14th century, it travelled to Canada with British colonial rule. Modern Ontario courts retain the practice to ensure that every juror who takes the oath can weigh evidence fairly, free from bias or outside influence.
Legal Purpose
Under the Criminal Code s. 638 and Ontario’s Juries Act, lawyers may challenge a prospective juror for cause—asking specific questions about bias—or use a limited number of peremptory challenges (reasons not required). The judge supervises to keep questions relevant and respectful. Answers help the court decide whether to excuse a juror, not to judge character or intelligence.
Jury Impact
Honest replies shape the final 12-person panel but do not sway the trial’s outcome. If you disclose a bias and are excused, you have fulfilled your legal duty by being truthful. If you remain on the panel, the process affirms your impartiality. Either way, voir dire strengthens the fairness of Ontario’s jury system.
Typical Questions & Grounds for Challenge
| Common Question |
|---|
| “Do you personally know the accused, a witness, or any lawyer in this case?” |
| “Have you, a close friend, or family member been the victim of a similar crime?” |
| “Could graphic photographs or testimony about violence affect your impartiality?” |
| “Do you have strong opinions about police reliability or judicial fairness?” |
| “Are you currently facing criminal charges or lawsuits?” |
| “Do you have medical or caregiving obligations that could distract you in court?” |
| “Would the length of this trial (estimated three weeks) create hardship?” |
| “Can you follow the judge’s instructions even if they differ from your personal beliefs?” |
| “Do you understand English well enough to follow evidence and legal directions?” |
| “Is there any reason you feel you cannot be fair and impartial?” |
| Why It Matters |
|---|
| Ensures no personal connection could sway judgment. |
| Checks for trauma or emotional weight that might influence verdict. |
| Verifies ability to remain objective despite disturbing evidence. |
| Assesses preconceived bias toward key justice-system actors. |
| Identifies potential conflicts of interest or credibility issues. |
| Confirms you can focus on evidence without outside distractions. |
| Hardship may warrant deferral, protecting both juror welfare and trial flow. |
| Jury duty requires adherence to legal instructions over personal views. |
| Language proficiency safeguards the right to understand proceedings. |
| Catches unanticipated biases not covered by prior questions. |
Follow-up questions are rare and always court-supervised. You may request to answer sensitive matters in private—a right explained below.
Your Rights During Voir Dire
Ontario law shields prospective jurors from overreach. Understanding these protections relieves anxiety and promotes honest answers.
- Respectful treatment by the judge, Crown, and defence counsel.
- Plain-language explanation or interpreter on request.
- Option to speak privately (in camera) for sensitive topics.
- Right to request accommodation under the Accessibility for Ontarians with Disabilities Act.
- Protection from dismissal or penalty for expressing honest bias.
- No obligation to disclose medical diagnoses—only functional impact.
Strategies to Stay Calm
- Slow breathing: Inhale four counts, exhale six to steady heart rate.
- Visit the courtroom early: Familiar surroundings reduce surprise.
- Positive framing: View nerves as energy to do a civic good.
- Grounding body language: Feet flat, shoulders relaxed show confidence.
- Hydrate & rest: Dehydration and fatigue magnify stress.
- Mental pause: Count to three before answering—gives time to think.
- Mock questions: Practise with a friend using the samples above.
Reflect on each prompt:
- Do I assume police testimony is always accurate?
- Could past personal experience influence my view of this charge?
- Would vivid evidence make it hard to follow instructions?
Your answers stay on this page and are not recorded.
Voir Dire FAQ
Knowing how voir dire works transforms nerves into confidence. Answer honestly, exercise your rights, and you will help Ontario’s courts keep trials fair.