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
Spring allergy season has begun. Where is it worse in Canada?
The spring allergy season has started early in many parts of Canada, with high levels of pollen in some cities already. Experts weigh in on which areas have it worse so far this season.
'Nonsense:' Doug Ford slams lawsuits filed by Ontario school boards against social media platforms
Premier Doug Ford says that lawsuits launched by four Ontario school boards against a trio of social media platforms are “nonsense” and risk becoming a distraction to the work that really matters.
Several flight attendants from Pakistan have gone missing after landing in Canada
Multiple flight attendants from Pakistan International Airlines have abandoned their jobs and are believed to have sought asylum in Canada in the past year and a half, a spokesperson for the government-owned airline says.
Record-breaking N.B. lottery winner kept winning ticket on dresser for nearly a year
A New Brunswicker will go to bed Thursday night much richer than he was Wednesday after collecting on a winning lottery ticket he let sit on his bedroom dresser for nearly a year.
Multiple bridges in Calgary shut down for police incident
Calgary police have shut down a number of bridges into and out of the downtown core as officers deal with a distraught individual.
King Charles calls for acts of friendship in first public remarks since Kate's cancer diagnosis
King Charles III gave public remarks for Maundy Thursday, addressing the importance of acts of friendship, following his and Catherine, Princess of Wales’ cancer diagnoses.
Fallen crypto mogul Sam Bankman-Fried sentenced to 25 years in prison
Crypto entrepreneur Sam Bankman-Fried was sentenced Thursday to 25 years in prison for a massive fraud that unravelled with the collapse of FTX, once one of the world's most popular platforms for exchanging digital currency.
A dog and a bird formed an unlikely friendship. Their separation has infuriated followers
Peggy is a stout and muscular Staffordshire bull terrier, and Molly is a magpie, an Australian bird best known for swooping on humans during breeding season, not for befriending dogs. But in an emotional video posted online, Peggy’s owners announced that the animals had been separated.
Tipping is off the table at this Toronto restaurant
A Toronto restaurant introduced a surprising new rule that reduced the cost of a meal and raised the salaries of staff.