Summary

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Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Criminal law — Juries — Selection Non-disclosure of results of investigation of potential jurors conducted by the police and the Crown prior to the selection of the jury — Impact of this on the overall fairness of the trial process — Was Applicant’s right to make full answer and defence impaired? — Whether this so affected the overall appearance of fairness that a new trial is required.

Yumnu and two others were convicted of first degree murder. On the appeal to the Ontario Court of Appeal, it was disclosed that the Crown had engaged in a practice of jury vetting in the Barrie area. Fresh evidence was admitted on appeal that established that the Crown had enlisted the aid of police forces to obtain information about prospective jurors, which was not disclosed to the defence. The Court of Appeal dismissed the appeal, finding that although the Crown had an obligation to disclose the information to the defence, the failure to do so did not taint the fairness of the trial or impede the right to make fair answer and defence.

Lower Court Rulings