Case information

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Canadian Charter of Rights and Freedoms — Criminal Law — Jury Selection — Representativeness of jury — Jury instructions — Intent — Murder — Manslaughter — Intoxication — Whether Court of Appeal erred in law in refusing to issue a remedy after finding violations of the Jury Act, C.C.S.M. c. J-30 — Whether Court of Appeal erred in law in finding that the instruction given to the jury on intoxication was adequate

The applicant was charged with second degree murder. In accordance with The Jury Act, R.S.M. 1987, c. J30, the jurors’ roll for his trial was drawn from a list of names in the Manitoba Health Services Insurance database. Of 1,600 people summoned, 1,261 people were exempted. Although The Jury Act requires that a person summoned shall furnish to the sheriff a declaration establishing grounds for a disqualification or exemption within one week after being served with the summons, the Jury Manager and her staff granted exemptions by phone after the one week time limit. The applicant brought pre-trial motions challenging the constitutionality of sections of The Jury Act and the proceedings used to select a jury. The motions were dismissed. At trial, the applicant testified that he had consumed substantial alcohol and drugs in the 24 hours leading up to the murder. He admitted causing the victim's death but argued that he should be convicted of manslaughter. The jury convicted the applicant of second degree murder. The applicant appealed from the dismissal of the pre-trial motions and from the conviction. He argued that the trial judge erred in his instructions on intoxication. The appeal was dismissed.

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