Jury Duty
- Thread starter Big Foot
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DAOD 7001 - Civil and Criminal Court Proceedings
http://www.forces.gc.ca/admfincs/subjects/daod/7001/0_e.asp
http://www.forces.gc.ca/admfincs/subjects/daod/7001/0_e.asp
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You may still have to attend and produce your ID card on the day in question, depending on the province.
S
Stomper
Guest
Would 'active service' include the average primary reservist working on training nights and one weekend per month, or does it refer to being under something like a class B contract?
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From what I know, all military pers are exempt from jury duty. That includes class A reservists. A buddy of mine got summoned to do it but didn't have to, and he's a class A.
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Get your parents to give you the contact number of the applicable Jury Management Office which will be on the Summons and give them a call. Even if you weren't already exempt from being in the CF, Alberta has a provision exempting you from Duty due to distance to cover people who have moved etc.
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Can Class A reservist by selected for Jury Duty ?
My Friend has been selected for Jury Duty, now she is in second stage of selection she is 1 of 100 possible jurors selected from 400 people, tomorrow she will have chance to say in front of judge the excuses, and she will mention military and full time job would that give her excuse ?
she is serving once a week and last / first week of the month only, no major training is coming in following weeks..
:yellow:
My Friend has been selected for Jury Duty, now she is in second stage of selection she is 1 of 100 possible jurors selected from 400 people, tomorrow she will have chance to say in front of judge the excuses, and she will mention military and full time job would that give her excuse ?
she is serving once a week and last / first week of the month only, no major training is coming in following weeks..
:yellow:
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Have your friend bring their military ID and see if he/she is still eligible. I'm not sure but I think military personnel may be exempt in some jurisdictions. Remind the judge about how class A reservists can get called up for natural disasters such as the BC forest fires a few years ago. You might also want to mention that they'll be starting workup for the Olympic games gig soon, not to mention the training year is coming up.
Having a full time job does not excuse you from duty. In Alberta you get $50/day. Everyone else involved involved in the business of the court gets paid a decent wage, jurors get paid less than half of what they'd get on EI. And they wonder why nobody wants to participate.
Having a full time job does not excuse you from duty. In Alberta you get $50/day. Everyone else involved involved in the business of the court gets paid a decent wage, jurors get paid less than half of what they'd get on EI. And they wonder why nobody wants to participate.
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Why would she not want to do it? If she is only doing the one half day twice a month and nothing full time coming up, it really wouldn't be honest to try and get out because of full time duty. As far as the Olympics and reserves being called up for natural disasters? Has she volunteered for Op Podium?
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Spanky said:
She volunteered for Op Podium but the position was already filled up, she is on waiting list, and was told most likely she will not get it unless choose different job ..
She will mention reserve tomorrow, but will see what will happen.
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Provincially, Ontario doesn't appear to have any special consideration in the form of ineligibility or an automatic exemption based on military service.
Section 268 of the NDA doesn't seem to apply either, since she's not on active service.
It appears to me that your friend will have to perform jury duty. She can ask for an exemption, but it sure doesn't look like there are any grounds for it.
Section 268 of the NDA doesn't seem to apply either, since she's not on active service.
It appears to me that your friend will have to perform jury duty. She can ask for an exemption, but it sure doesn't look like there are any grounds for it.
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As a class A reservist I was called. Sat and waited around for several hours, then went before the judge, both sets of lawyers and the accused.
Thr prosecution were delighted to have me there. The defence said "but he's in the military"; I offered copies of the relevant articles in the NDA to explain that I was not exempt, so, on advice of her client, the defence lawyer used a peremptory challenge to dismiss me from the pool.
Both the Crown and the defence have a certain number of peremptory challenges to jurors, meaning then can have them removed from the pool without cause. However, since the number is limited, it's far better to get someone dismissed with cause - it doesn't cost them one of their freebees.
I suspect that, depending on the nature of the case, the defence would be less then enamoured of someone with a military background on the jury - military folks tend towards law-and-order types, that may not be quite who they want on the jury.
Thr prosecution were delighted to have me there. The defence said "but he's in the military"; I offered copies of the relevant articles in the NDA to explain that I was not exempt, so, on advice of her client, the defence lawyer used a peremptory challenge to dismiss me from the pool.
Both the Crown and the defence have a certain number of peremptory challenges to jurors, meaning then can have them removed from the pool without cause. However, since the number is limited, it's far better to get someone dismissed with cause - it doesn't cost them one of their freebees.
I suspect that, depending on the nature of the case, the defence would be less then enamoured of someone with a military background on the jury - military folks tend towards law-and-order types, that may not be quite who they want on the jury.
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I received a letter from the Ministry of Attorney General in regards to answering a set of questionnaire on whether I qualify as a prospective juror. The letter states "Please note that receipt of this letter and completion of the questionnaire does not mean you have actually been chosen to serve on a jury. Your eligibility to serve as a juror will be determined based on the answers you have provided to the questions in the questionnaire. Eligible individuals will be randomly summoned for jury duty throughout next year and may be chosen to serve as jurors at that time".
Question 4 asks "Does your work exempt you from jury service?". According to the instructions, one of the line states that "You are ineligible for jury service only if you are presently employed or licensed in one of the following occupations: ... Armed Forces personnel of the regular and special forces and members of the reserve forces on active service". My BMOQ starts on January 16th, 2017, so do I answer "yes" or "no" for question 4?
Question 4 asks "Does your work exempt you from jury service?". According to the instructions, one of the line states that "You are ineligible for jury service only if you are presently employed or licensed in one of the following occupations: ... Armed Forces personnel of the regular and special forces and members of the reserve forces on active service". My BMOQ starts on January 16th, 2017, so do I answer "yes" or "no" for question 4?
Blackadder1916
Army.ca Veteran
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BlueAngels14 said:
Lets see, today is September 13, 2016 . . . October (31 days) . . . November (30 days) . . . December (31 days) . . . January 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, (you may be sworn in sometime around here or closer to your travel) 11, 12, 13, 14, 15, 16 (you are in the Regular Force) . . .
How do you think you should answer about your "current" employment situation? You could add a note, but, what makes you think that you will be in Ontario next year?
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Blackadder1916 said:
I actually went through the exact same thought process. I ended up answering "no" to "Does your work exempt you from jury service?" as I am not "presently" employed in the Armed Forces yet. However, I added a note saying that I will be starting with the CF on January 16th, 2017.
