Law Times

PAGE 4 NEWS June 15, 2009 • Law Times Lawyers call for AG probe into jury vetting BY TIM NAUMETZ Law Times OTTAWA — Ontario defence lawyers have been shaken by rev- elations police disclosed personal information from their comput- er fi les to Crown attorneys for vetting prospective jurors. Senior lawyers say Attorney General Chris Bentley must conduct an investigation to determine whether the prac- tice has been used anywhere in the province other than two confi rmed cases in Barrie and Windsor courthouses. Th ey add that an investi- gation launched last week by Privacy Commissioner Ann Cavoukian is insuffi cient, since her offi ce does not have enough authority to conduct the kind of in-depth inquiry required to determine the potential extent of personal information abuse. "Th e public needs to know what's going on," says Ottawa defence lawyer Norman Boxall, a vice president of the Criminal Lawyers' Association. "I don't know how far afi eld it is, and the fact that we're even thinking of whether Crown lawyers took part is disturb- ing," he tells Law Times. Superior Court Justice Bruce Th omas ended a fi rst-degree mur- der trial in Windsor after a Crown attorney disclosed police vetting in response to questions from the de- fence lawyer, Greg Goulin. Goulin, the immediate past president of the Ontario Bar Association, says he and his co- counsel, Kirk Munroe, decided to seek the information after an earlier disclosure that police vet- ting had taken place in Barrie. In a lengthy interview with Law Times, Goulin expresses shock at the kind of informa- tion the court discovered police had given the Crown attorneys about prospective jurors before challenging and selection. Th e list included one juror who had a young off ender record, which Goulin notes should not have been available to anyone. Jamie Trimble says use of police information for vetting jurors could undermine public confi- dence in the justice system. Another notation said a juror had a theft and assault convic- tion, with no further descrip- tion, another had seven "tickets," another had two "tickets," and another juror's record simply had the notation "pardoned." Another had the record notation: "dislikes police." By coincidence, Th omas had excused those jurors on grounds of hardship. But the Crown used police informa- tion to challenge three other jurors, including one who lived at an address "associated with handguns" and another for un- defi ned "criminal associates." Th e police information on another juror stated with no ex- planation "kid has messed up." Goulin says the description "criminal associates" could apply to anyone vaguely associated with a convicted person — including pastors or others who take part in programs to assist off enders. He and other lawyers say the secret Crown use of confi dential police fi les contravenes disclosure rules and privacy laws and could lead to more mistrials or appeals based on Charter violations, in- cluding freedom of association. Goulin adds that not only was the information vague, but there was no way of con- fi rming its accuracy. "It's a matter of trust," he tells Law Times. "Th e Crown and the police said, 'We didn't know we were doing wrong.'" But police and Crown at- torneys throughout Ontario should be aware the practice of using police fi les to vet jurors has been expressly forbidden since 2006, when the attorney general issued a directive warn- ing against it, says Goulin. He and the other defence lawyers say Bentley simply reit- erated that position in response to the latest two incidents. Ottawa defence lawyer Mi- chael Spratt says the disclosures may have been illegal. "Th e vetting was done in se- cret, with no disclosure to the defence," Spratt tells Law Times. "Th e Crown has constitutional disclosure obligations that they may not have complied with. Th is is a good example of the state using its power and resources — which are not available to the accused, who is presumed inno- cent — in an unfair manner." Ontario Bar Association Starting from $62.50 per month More value for your money! Cases that you can't find anywhere else can be found in BestCase, a new web-based research service from Canada Law Book, containing: • Comprehensive collection of reported and unreported decisions dating back to 1898 and including: • Canadian Criminal Cases – since 1898 • Dominion Law Reports – since 1912 • Labour Arbitration Cases – since 1948 ... plus others! • Renowned case summaries • Case citator eREPORTS included at no extra charge ... continuing legal education delivered to your desktop! BestCase subscribers can now receive our eREPORTS – electronic versions of "paper parts" of our law reports. 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Contact your Account Manager to compare BestCase to your current research services! president Jamie Trimble tells Law Times the use of police information for vetting jurors could undermine public confi - dence in the justice system. "Th e concern that the public has and certainly that the On- tario Bar Association has is that one possible interpretation of this is that there is a perception that the police will have an edge in the jury selection process," he says. Goulin points out the secret vetting system could have a tragic eff ect on prospective ju- rors Crown attorneys challenge because of potentially unreli- able and vague information from the police computers. Families, friends, and even the prospective juror could be hurt personally, and possibly professionally, if a juror is re- jected for unknown reasons. "It appears that the informa- tion is not just whether they've been convicted or not of an off ence, it's whether they've been charged with an off ence, convicted or not, their family background; we have concerns with this," says Trimble. Jurors may be excluded if they have been convicted of an indict- able off ence, says Goulin, but not if they have been pardoned. As well, juries convicted of summary off ences may be ex- cluded only if they have served more than one year in jail. LT Marketplace EMPLOYMENT WANTED SERVICES - Available law clerk. Proficient in estates, real estate, litigation, ADR, corporate/com- mercial and labour and employ- ment. Part time. Messages (416) 621-2485. 1.800.263.2037 Canada Law Book is a Division of The Cartwright Group Ltd. www.lawtimesnews.com Bestcase-reduce costs (LT 1-2x4).indd 1 6/10/09 10:43:32 AM LT0715 To advertise call 905-841-6481

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