Canadian Judicial Council posts model jury instructions

OTTAWA, March 26, 2004 - The Canadian Judicial Council today published model instructions for the use of judges across Canada in conducting criminal trials with juries.

The preliminary, mid-trial and final instructions, in English, may be found on the Council's website at http://www.cjc-ccm.gc.ca/english/lawyers_en.asp?selMenu=lawyers_modeljuryinstruction_en.asp

"These instructions will help judges explain legal technicalities in plain language that ordinary people can understand and apply. The goal is to minimize the risk of misdirecting juries, a common ground of appeal from jury trials," said the Right Honourable Beverley McLachlin, Chief Justice of Canada and Chairperson of the Council. "They will benefit judges, lawyers and jurors, and strengthen the administration of justice in this country."

Specimen instructions for Ontario developed by Mr. Justice David Watt of the Superior Court of Justice provided the starting point for this project.

In the preface to the instructions the Council notes:

"The only authority these instructions enjoy is the measure of approval they receive through actual use in criminal trials. As they are regularly used, criticised and revised, these instructions will provide a focal point for discussion about appropriate instructions. . . .there will never be perfect jury instructions and these are not offered as such."

Users are invited to send comments and suggestions for revision to the Canadian Judicial Council at jury@cjc-ccm.gc.ca.

Contact

Prof. Patrick Healy
Faculty of Law, McGill University 
514-398-6637