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news Jury-vetting controversy balloons as provincewide practice revealed BY GLENN KAUTH W hat began as a controversy centred on criminal cases in Barrie and Windsor was soon revealed to be a questionable practice common across the province. In fact, Privacy Commissioner Ann Cavoukian found Crown prosecutors had engaged in jury vet- ting in up to 143 trials. Her October report on the practice capped months of debate following revela- tions that Crown attorneys had received information on prospective jurors from police during proceed- ings in both Barrie and Windsor. The practices ranged in depth, from narrow checks on criminal convictions to broad background checks of any information available on the potential juror. "In coming forward to perform one's civic duty, citizens should be thanked, not burdened," wrote Cavoukian in her report. "They should not be concerned about the prospect of any excessive back- ground checks being conducted or that such checks will unearth personal details of their lives." She placed much of the blame on a lack of direction offered to Crowns from the Ministry of the Attorney General. She noted that the ministry first took note of the jury-vetting problem in 1993 after an Ontario Superior Court judge questioned the practice. Weeks later, a senior Crown lawyer issued a memorandum stating, "If the defence can't have it, we shouldn't be getting it either," according to the report. That led to a recommendation within the ministry that the practice should end. However, a practice memorandum on the issue didn't come into force until March 31, 2006. The lack of clarity led to "a patchwork of practices developed across the province," said Cavoukian. She has since ordered Crown lawyers to stop gather- ing personal information on potential jurors that is not permitted by the Juries Act or the Criminal Code. The jury-vetting issue caused major headaches Law Specialistson Your Team! We help you help your clients. Call us. Get Our Environmental Environmental Specialists*on Your Team! Our team of environmental lawyers includes 5 Environmental Law Specialists* continued on page 14 James Morton said some jury vetting was fine but argued that taking it too far would give an unfair advantage to the Crown. www.willmsshier.com * Certified by the Law Society of Upper Canada Juli Abouchar 416 862 4836 Doug Petrie 416 862 4835 John Willms 416 862 4821 Donna Shier 416 862 4822 Marc McAree 416 862 4820 ENVIRONMENT, ENERGY & RESOURCES LAW Canadian Lawyer #MS07-25 – 7" x 4-7/8" 2009 top news & newsmakers 13