Justice committee  Yes. I don't think it's difficult.

Justice committee  That's a great question. First of all, the Law Reform Commission, in 1980, found that some judges in Canada actually use a jury questionnaire. I've done a murder trial where the trial judge did use a jury questionnaire. Usually the way the jury selection process works, especially in a big case such as a murder case, is that you have hundreds of people.

Justice committee  It was useful, but it should be standardized. There's no reason why it couldn't be mandated in regulation, as a form to the Criminal Code.

Justice committee  That's correct, or four for an offence that falls below those two thresholds.

Justice committee  I'm just "Mr." The "professor" is on my—

Justice committee  I think that's the full answer to the argument that this is really a provincial matter. If you were to enact that, I know I would exercise that challenge, and every jury trial would get held up until the provinces passed their legislation. It wouldn't take very long at all. I don't think we need to bring people to the table and have a discussion about this.

Justice committee  That's per accused.

Justice committee  I've had cases where I've selected a jury and advised the judge at the outset that I didn't intend to use any of my peremptory challenges, that I wanted the first 12 people who were ready to serve. I've done that. I've also had cases where I've exhausted my peremptory challenges.

Justice committee  Any defence lawyer will tell you that there's no such thing as a typical criminal case. I don't want to give you answers. Here's the thing. I don't want to come to this committee and say that peremptory challenges are only properly used or they're never properly used. That's why I say we actually need statistical research.

Justice committee  —as many as all the accused put together.

Justice committee  Certainly. Last year, I was lead counsel on a first-degree murder trial. There were four accused. My client was a racialized young man charged with a fairly publicized homicide in a large urban area. There was a challenge for cause to address the publicity issue, but obviously I was extremely concerned that the generally overrepresented juror—that is, our white, older, affluent homeowner—not necessarily make up my 12-member jury.

Justice committee  As a defence lawyer, I've sworn an oath to try to get the most favourable outcome for my client by any legal means necessary, so if I or any of my colleagues used peremptory challenges to get a less favourable outcome, I'd be calling up the law society probably, and maybe you guys want to do the same.

Justice committee  Sure. That refers to the Batson v. Kentucky decision in the United States. It has to be modified for Canada, because in the United States jury selection process they engage in something they call “voir dire”. We call “voir dire” something completely different. They have sustained questioning of jurors about their backgrounds and their biases so there's more information to work with in respect of any challenge.

Justice committee  Thank you.

Justice committee  Thank you. Mr. Chair, Vice-Chair and honourable members, thank you for inviting me to testify on the amendments to the jury selection provisions contained within Bill C-75. I'll say just a few words about myself so you know where I come from. I'm a criminal defence lawyer in Ottawa.