Supreme Court


Jury

EMPANELLING
Non-disclosure did not affect composition of jury

Accused convicted of fraud. Crown seeking and obtaining information from local police forces regarding prospective jurors’ criminal histories and other information about jurors. Crown not disclosing information to defence. Court of Appeal held that non-disclosure did not affect composition of jury or create trial unfairness. Appeal dismissed. Crown breached obligations by failing to disclose information obtained about prospective jurors. Accused failed to show that non-disclosure affected composition of jury. Conduct of Crown and police was improper but did not warrant setting aside proceedings as miscarriage of justice.

R. v. Emms (Dec. 21, 2012, S.C.C., McLachlin C.J.C., LeBel, Deschamps, Fish, Abella, Rothstein, Cromwell, Moldaver and Karakatsanis JJ., File No. 34087) Decision at 264 C.C.C. (3d) 402 was affirmed. 104 W.C.B. (2d) 1041.

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