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What Is a Jury in Canada?

A jury is a group of citizens who decide whether an accused person is guilty or not guilty. Jury duty is a responsibility of citizenship.

What Is a Jury in Canada?
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Quick Answer

What is a jury in Canada?

A **jury** is a group of **citizens** who decide whether an accused person is **guilty or not guilty** in serious criminal trials. A criminal jury in Canada has **12 members**. Jurors are randomly selected from voter lists. **Jury duty** is one of the **responsibilities of Canadian citizenship** β€” citizens may be summoned to serve. Jury verdicts in criminal cases must be **unanimous**.

Key Takeaways

1Jury = group of citizens who decide guilt or innocence
2Criminal jury β€” 12 members in Canada
3Jurors are randomly selected from voter lists
4Verdict must be unanimous (12 of 12)
5Used in serious criminal trials and some civil cases
6Jury duty is a responsibility of Canadian citizenship

# What Is a Jury in Canada?

A jury is one of the most important features of the Canadian justice system. Jurors are ordinary citizens who decide whether someone accused of a serious crime is guilty or not guilty. Jury duty is one of the responsibilities of Canadian citizenship β€” and a reliably tested point on the citizenship exam. Here is everything you need to know.

The simple definition

A jury is a group of citizens randomly selected from the community to:

  1. Listen to evidence at a trial.
  2. Apply the law as instructed by the judge.
  3. Decide guilt or innocence by unanimous verdict (in criminal cases).

A criminal jury in Canada has 12 members. Civil juries in some provinces have 6, but most civil trials are decided by a judge alone.

Who can be a juror

To serve on a jury, you must:

  • Be a Canadian citizen.
  • Be 18 years old or older.
  • Be a resident of the province.
  • Be able to understand the proceedings in English or French (depending on the trial).

Some people are exempt from jury duty by law:

  • Judges and lawyers
  • Police officers and prison staff
  • Sitting MPs, senators, and other elected officials
  • Members of the Canadian Armed Forces in some cases
  • People with serious criminal convictions

Permanent residents and other non-citizens cannot serve on juries β€” that is why jury duty is listed as a responsibility of citizenship in Discover Canada.

How jurors are selected

The selection process happens in stages:

  1. Provincial voter lists β€” names are randomly drawn from voter registers.
  2. Summons in the mail β€” selected names receive a notice to appear at court on a specific date.
  3. Jury panel β€” those who appear form a "panel" of potential jurors.
  4. Selection at trial β€” at each trial, lawyers question and challenge potential jurors. Both Crown and defence can object to specific candidates without giving a reason (a few times each β€” called "peremptory challenges" β€” though Parliament limited these in recent reforms). They can also challenge for cause if a juror seems biased.
  5. Final 12 β€” the 12 selected jurors are sworn in.

The verdict

A criminal jury must reach a unanimous verdict β€” all 12 must agree:

  • All 12 vote guilty β†’ conviction.
  • All 12 vote not guilty β†’ acquittal.
  • Cannot agree β†’ hung jury. A new trial may be ordered.

This unanimity rule is a high bar β€” it means even one juror with a reasonable doubt can prevent conviction. That is the presumption of innocence in action β€” see [What Does "Presumed Innocent Until Proven Guilty" Mean in Canada?](/blog/presumed-innocent-until-proven-guilty-canada).

What kinds of trials use juries

In criminal law:

  • Most serious offences with a maximum sentence of 5+ years can be tried by judge alone or by judge and jury β€” the accused chooses.
  • Murder trials typically use a jury (with some exceptions).
  • Less serious offences (Crown elects "summary conviction") are tried by a judge alone.

In civil law:

  • Most civil trials are decided by a judge alone.
  • Some provinces allow civil juries for cases like personal injury or defamation.
  • Civil juries usually have 6 members and need a majority decision.

What jurors do during a trial

A typical jury day:

  1. Sit and listen β€” jurors cannot ask questions; they take notes.
  2. Hear evidence β€” witnesses, documents, expert testimony.
  3. Hear closing arguments from Crown and defence.
  4. Receive the judge's instructions β€” the judge explains the relevant law.
  5. Deliberate β€” jurors retire to discuss in private. They cannot leave or contact anyone until they reach a verdict.
  6. Deliver the verdict β€” the foreperson announces "guilty" or "not guilty" in open court.

Jurors are paid a small daily allowance and their employers must give them time off.

Jury duty and citizenship

Discover Canada lists serving on a jury as one of the responsibilities of Canadian citizenship, alongside:

  • Obeying the law
  • Taking responsibility for yourself and your family
  • Voting in elections
  • Helping others in the community
  • Protecting Canada's heritage and environment

See [Responsibilities of a Canadian Citizen](/blog/responsibilities-canadian-citizen-list).

Avoiding jury duty without a valid reason is a legal offence β€” judges can fine or hold in contempt people who fail to appear.

What the test asks

Common citizenship-test questions on juries:

  • What is a jury? *(A group of citizens who decide guilt or innocence)*
  • How many jurors are on a criminal jury in Canada? *(12)*
  • Is jury duty a responsibility of citizenship? *(Yes)*
  • Who can be a juror? *(A Canadian citizen, 18 or older, resident of the province)*

For more on the justice system, see [The Canadian Justice System Explained](/blog/canadian-justice-system-explained).

Practice the actual citizenship test

Try our [free practice test](/practice-test) β€” it covers juries and the rest of the justice system in the same format you will see on test day.

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Frequently Asked Questions

1What is a jury?

A group of citizens randomly selected to hear a case and decide whether the accused is guilty or not guilty. Jurors are ordinary people from the community, not lawyers or judges.

2How many jurors are on a criminal jury in Canada?

12. The jury must reach a unanimous verdict to convict or acquit. If they cannot agree, the result is a 'hung jury' and a new trial may be ordered.

3Who can be a juror?

Canadian citizens 18 or older, residents of the province, and able to understand the proceedings. Some people are exempt β€” judges, lawyers, police, MPs/senators, and people with serious criminal convictions usually cannot serve.

4Is jury duty mandatory?

Yes. If summoned, a Canadian citizen must serve unless excused by the court (e.g. for medical reasons). Failing to appear can result in a fine or contempt charges.

5Is this on the citizenship test?

Yes. Discover Canada lists jury duty as a responsibility of citizenship; the test often asks what a jury does and how many jurors a Canadian criminal trial has.

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