Case information

Criminal law — Jurors — Selection — Charge to jury — Bias — Powers of trial judge to screen potential jurors for reasonable apprehension of bias — Whether power to excuse jurors in ss. 632(c) and s. 633 of the Criminal Code permits or prohibits trial judges to screen potential jurors for racial prejudice or bias in the absence of a specific request by counsel — Whether trial judges have a duty to proactively raise the issue of juror partiality or to provide instructions to a jury about racial bias?

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.

A drug dealer was fatally shot. His body was dismembered and decapitated before disposal. Mr. Theodore, Mr. Bellegarde and Mr. Gordon tried jointly before a jury. Mr. Gordon and Mr. Bellegarde are Indigenous. Mr. Theodore is Caucasian. Mr. Bellegarde is a member of an Indigenous street gang. Mr. Theodore and Mr. Gordon were partners in drug dealing and Mr. Gordon supplied the Indigenous street gang. Potential jurors were not challenged for cause or otherwise pre-screened for racial bias. The jury charge did not include a specific instruction on the need to set aside racial biases about Indigenous persons. A jury found Mr. Theodore, Mr. Bellegarde and Mr. Gordon guilty of first degree murder and Mr. Theodore and Mr. Bellegarde guilty of offering an indignity to the drug dealer’s remains. The Court of Appeal dismissed appeals.