Cases are decided by a Judge sitting without a jury, or, by a jury whose role it is to determine the facts of what occurred (the act(s)) aided by the legal instructions of the Judge. With the Judge’s assistance the jury will only consider evidence that the Judge determines to be admissible by law. Before the jury renders its verdict, the Judge will instruct them on the law to assist them in making their decision. Jurors may sit as a group of twelve, or, occasionally, particularly in cases that are expected to require several weeks of testimony, as a group of thirteen or fourteen persons.
Section 631(2.1) of the Criminal Code of Canada1 provides that, “if the Judge considers it advisable in the interests of justice to have one or two alternate jurors, the Judge shall so order before the clerk of the court draws out the cards under subsection 631(3) [manner of randomly selecting cards that identify a potential juror] or (3.1) [power to order the calling out names on cards.]
Section 631(2.2) provides: if the Judge considers it advisable in the interests of justice, he or she may order that thirteen or fourteen jurors, instead of twelve, be sworn in accordance with this Part before the clerk of the court draws out the cards under subsection (3) or (3.1) [power to order the calling out names on cards].