Alta. judge says unvaccinated prospective jurors in sex assault trial will be excused
An Alberta Court of Queen's Bench justice has ruled that prospective jurors in an upcoming sexual assault trial in Calgary will be excused if they're not vaccinated against COVID-19.
Justice N.E. Devlin wrote in his ruling Thursday that allowing unvaccinated people to serve on the jury could unfairly compromise the health of other jurors, court staff and anyone else connected with the trial.
Further, Devlin said an unvaccinated juror could be a distraction to other jurors by causing them to fear for their health, and he said a juror who developed symptoms could scupper the entire proceedings.
A recent decision in Ontario saw an Ottawa judge rule that all jurors participating in a murder trial would need to be fully inoculated with two doses of vaccine.
But a Quebec Superior Court judge ruled earlier this month that a juror did not need to be fully vaccinated against COVID-19 to participate in a Montreal fraud trial, citing privacy concerns and jury representativeness in his ruling.
Devlin, however, wrote that during juror selection for the sexual assault trial in Calgary this week, the “handful” of people who were not fully vaccinated “spanned the age, gender, and ethnic spectrum” and that excusing them would not reduce the jury's representativeness.
“Factually, I am satisfied that vaccination is a safe and highly effective means of preventing the spread of the coronavirus, the development of COVID 19 infections, and severe illness in those who do become infected,” Devlin wrote.
“The public and judicial resources dedicated to a jury trial are both scarce and precious, especially right now. Needlessly increasing the risk that a trial run under these circumstances is aborted due to a COVID 19 infection would bring the administration of justice into disrepute in the eyes of the public.”
A decision from B.C. Supreme Court last month did not allow the Crown to ask jurors questions about their vaccination status, citing privacy.
Devlin wrote that “judicial discretion to safeguard the proper administration of justice is paramount over any provincial privacy legislation.”
He noted that when he asked whether unvaccinated jurors should be excused from serving, neither the Crown nor the accused took a position.
In the Quebec case, Justice Mario Longpre noted that provincial jury law only allows those with mental incapacity or impairment to be exempted.
Longpre wrote that Quebec law, unlike Ontario's, does not permit jurors to be disqualified by reason of physical incapacity “even if it were to be concluded that the fact of not being adequately vaccinated constitutes such an incapacity.”
This report by The Canadian Press was first published Sept. 25, 2021.
CTVNews.ca Top Stories
McGill University seeks emergency injunction to dismantle pro-Palestinian encampment
McGill University has filed a request for an injunction to have the pro-Palestinian encampment removed from its campus.
'State or state-sponsored actor' believed to be behind B.C. government hacks
The head of British Columbia’s civil service has revealed that a “state or state-sponsored actor” is behind multiple cyber-security incidents against provincial government networks.
Spectacular aurora light show to be seen across Canada Friday night
A rare and severe solar storm is expected to bring spectacular displays of the northern lights, also known as aurora borealis, across much of Canada and parts of the United States on Friday night.
Which Canadian cities have the highest and lowest grocery prices?
Where you live plays a big factor in what you pay at the grocery store. And while it's no secret the same item may have a different price depending on the store, city or province, we wanted to see just how big the differences are, and why.
Swarm of 20,000 bees gather around woman’s car west of Toronto
A swarm of roughly 20,000 bees gathered around a woman’s car in the parking lot of Burlington Centre.
U.S. says Israel's use of U.S. arms likely violated international law, but evidence is incomplete
The Biden administration said Israel's use of U.S.-provided weapons in Gaza likely violated international humanitarian law but wartime conditions prevented U.S. officials from determining that for certain in specific airstrikes.
Barron Trump declines to serve as an RNC delegate
Former U.S. President Donald Trump's youngest son, Barron Trump, has declined to serve as a delegate at this summer’s Republican National Convention, according to a senior Trump campaign adviser and a statement from Melania Trump's office.
Mother assaulted by stranger while breastfeeding baby in her car: Vancouver police
A person was arrested in East Vancouver Thursday after allegedly entering a car while a mother was breastfeeding her four-month-old boy.
'We have laws': Premier Smith says police action justified in Calgary
The actions, including the decision to use non-lethal force, to disperse pro-Palestinian protesters from the University of Calgary campus were justified, Alberta Premier Danielle Smith said Friday.