(Montreal) A Quebec Superior Court judge ruled that a juror does not need to be adequately vaccinated against COVID-19 to participate in a trial.
Judge Mario Longpré mentioned that the selection of an adequately vaccinated juror raised issues in particular on the right to privacy and on the representativeness of a jury to explain its decision.
Citing a recent decision by an Ontario judge, the accused in this fraud trial demanded that all members of the jury be adequately immunized.
However, Justice Longpré indicated that the Ontario Juries Act allowed those who could not physically perform their function to be excused. This distinction does not exist in Quebec. He points out that people with a mental disability or illness are disqualified from serving on juries, but not those with a physical disability.
The Jurors Act applicable in Quebec does not allow candidate jurors to be declared disqualified by reason of a physical incapacity, even if it had to be concluded that the fact of not being adequately vaccinated constitutes such an incapacity.
Judge Mario Longpré
Canadian courts are not unanimous on the subject of juror vaccination. A British Columbia judge banned a prosecutor from asking prospective jurors about it, citing privacy concerns.
The Ontario judge prevented the candidate jurors from being questioned on the reasons that led them to refuse the vaccine. We could only ask them whether or not they were vaccinated.
“The principle of selection of juries in Canada is also based on the fundamental principle of respect for the privacy of candidate jurors,” writes Judge Longpré.
He recalls that the right to privacy of prospective jurors is protected by the Charter of human rights and freedoms and by the Civil Code of Quebec.
According to Judge Longpré, “the automatic exclusion of all candidate jurors who are not adequately vaccinated also potentially poses a problem as to the representativeness of the jury”.
He said the requirement to be vaccinated to attend certain public places did not include courthouses. The various players in the judicial system, such as judges, lawyers, clerks or bailiffs, are not required to be vaccinated.
The judge also noted that several jury trials have taken place since the resumption of judicial activities “without major problems arising due to COVID-19”.
He also writes that “the Tribunal must advise candidate jurors of the health rules put in place to protect them and of the fact that all those involved in the trial will not necessarily be adequately vaccinated, in particular members of the jury and judicial personnel”.
Judge Longpré also recalls that a candidate juror can request an exemption due to fears related to COVID-19.