# Jury Duty



## Big Foot (11 Jan 2005)

I just received a summons for jury duty. Theres a couple questions I have about it though. First of all, if I wanted to, could I do it? Secondly, am I exempt because I'm military?


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## Michael OLeary (11 Jan 2005)

DAOD  7001 - Civil and Criminal Court Proceedings

http://www.forces.gc.ca/admfincs/subjects/daod/7001/0_e.asp



> Note - Every member of the Reserve Force on active service and every member of the Regular Force and Special Force is exempt from jury service at civil or criminal court in accordance with Section 268 of the National Defence Act.


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## Cloud Cover (11 Jan 2005)

You may still have to attend and produce your ID card on the day in question, depending on the province.


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## Big Foot (11 Jan 2005)

see, that might be a problem, as the summons was sent to my parents house in Calgary and I am now at school in Kingston.


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## Eowyn (11 Jan 2005)

Try this.  As far as I know, Calgary is still part of Alberta, not BC. 

http://www.albertacourts.ab.ca/go.aspx?tabid=513#


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## Stomper (11 Jan 2005)

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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## Zoomie (12 Jan 2005)

Stomper said:
			
		

> ... or does it refer to being under something like a class B contract?



Yes


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## Pte. Bloggins (12 Jan 2005)

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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## garb811 (14 Jan 2005)

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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## tech2002 (19 Aug 2009)

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:


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## Occam (19 Aug 2009)

It depends on the province.  A quick search revealed that most provinces allow exemptions for Regular Force, and Reserve Force on active duty.

What province are we talking about?


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## Osotogari (19 Aug 2009)

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.


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## Spanky (19 Aug 2009)

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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## tech2002 (19 Aug 2009)

Occam said:
			
		

> It depends on the province.  A quick search revealed that most provinces allow exemptions for Regular Force, and Reserve Force on active duty.
> 
> What province are we talking about?



Ontario


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## tech2002 (19 Aug 2009)

Spanky said:
			
		

> 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?



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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## Occam (19 Aug 2009)

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.


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## dapaterson (20 Aug 2009)

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.


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## BlueAngels14 (14 Sep 2016)

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?*


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## Blackadder1916 (14 Sep 2016)

BlueAngels14 said:
			
		

> . . . *My BMOQ starts on January 16th, 2017, so do I answer "yes" or "no" for question 4?*



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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## BlueAngels14 (14 Sep 2016)

Blackadder1916 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?



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.


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## PuckChaser (14 Sep 2016)

Are you already enrolled in the CAF, and on leave without pay pending start of BMOQ? If so, you're a member of the CAF. If you haven't been enrolled yet, you have to answer no.


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## FJAG (14 Sep 2016)

S 268 of the National Defence Act exempts reservists from jury duty if they are on "Active Service".

Reservists are not automatically on "Active Service". To be on "Active Service" there is a need to be an Order in Council from the government that does so. Orders in Council have been issued for numerous operations such as peacekeeping etc that designate individuals etc to be on "Active Service" when they are part of that specific force.

There is a string of Orders in Council that reach back to 1950 that relate to NATO. The current one is PC 1989-583 which was issued on 6 Apr 1989. and provides:



> … for the purpose of fulfilling Canada's obligations under the North
> Atlantic Treaty, to place,
> (a) officers and non-commissioned members of the regular force of the
> Canadian Forces on active service anywhere in or beyond Canada; and
> ...



My interpretation of this provision has always been that while inside Canada, reservists are NOT on "Active Service" unless specifically placed through some other, mission specific, Order in Council.

It's been some seven years since I was in JAG and while I doubt that things have changed but I do not know for certain. I would strongly suggest that before any reservist attempts to use S 268 as the rationale for avoiding jury duty that they seek legal advice from their local legal advisor. 

 :cheers:


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## dapaterson (14 Sep 2016)

As a reservist, I was once summoned for Jury duty.  I reported in at the assigned time, explained that while I was a member of the military that I was not on active service and thus eligible to serve (the defence attorney wanted me dismissed), and the defence attorney then used one of her peremptory challenges to have me dismissed from the pool.

An interesting (if not particularly productive) morning.


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## BlueAngels14 (14 Sep 2016)

PuckChaser said:
			
		

> Are you already enrolled in the CAF, and on leave without pay pending start of BMOQ? If so, you're a member of the CAF. If you haven't been enrolled yet, you have to answer no.



I have not been sworn in yet and my BMOQ does not start until January 16th, 2017. I have only verbally accepted the offer and I am not on leave without pay as I'm still working full-time at my current job. I answered no and just added a note saying that I'm starting with the Armed Forces in January. Hopefully they do read it rather than just scanning the barcode on the paper.


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## BlueAngels14 (14 Sep 2016)

FJAG said:
			
		

> S 268 of the National Defence Act exempts reservists from jury duty if they are on "Active Service".
> It's been some seven years since I was in JAG and while I doubt that things have changed but I do not know for certain. I would strongly suggest that before any reservist attempts to use S 268 as the rationale for avoiding jury duty that they seek legal advice from their local legal advisor.



I do agree with you however I am going to be enrolled in regular force via direct entry as a MARS. [


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## ModlrMike (14 Sep 2016)

I think you took the correct approach. From now until you're sworn in, you have the same liability for jury duty as any other citizen. After that point you are statutorily excused. I would certainly include any period of LWOP, because even though you're not being paid, you're still a member of the RegF.


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## DAA (14 Sep 2016)

BlueAngels14 said:
			
		

> I have not been sworn in yet and my BMOQ does not start until January 16th, 2017. I have only verbally accepted the offer and I am not on leave without pay as I'm still working full-time at my current job. I answered no and just added a note saying that I'm starting with the Armed Forces in January. Hopefully they do read it rather than just scanning the barcode on the paper.



You could answer "Yes" and probably get way with it but legally I'm thinking you would have to answer "NO" at this time.  Should you be summoned at a later date for Jury Duty and prior to your actual enrolment in the CAF, I'd suggest that you bring with you your confirmed "CAF Offer of Employment" and merely ask to be excused from the current and futre juror duty pool selections due to your upcoming employment commitments.


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## FJAG (14 Sep 2016)

BlueAngels14 said:
			
		

> I do agree with you however I am going to be enrolled in regular force via direct entry as a MARS. [



I made the comment about PC 1989-583 because of a later post respecting reservists. 

Once you are enrolled and are a member of the regular force then you would be exempt because the order in council places regular force members on "Active Service" both in and outside Canada.

 :cheers:


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## cupper (14 Sep 2016)

The other thing to check is what is the period of the court sitting. I know from my own experience when I was living in Nova Scotia was that the period of of jury duty lasted during the particular session noted on the summons. It's usually for one month, and you must be available for all trials scheduled for that month.

I was only working in my civilian job at the time, so had to attend selection for the three trials scheduled that month. The first trial was rescheduled for a session later in the year, the defendant in the second trial took a plea deal, and when I went through selection for the third I was discharged because I personally knew the prosecutor, defense council, and two people on the witness list (one of which I knew from my time in the reserves).

I received a summons a few months after my period of exemption from duty was up. But by that time I had moved to the US.


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## Fros7bite (30 Sep 2017)

I am a Class "B" reservist on a recurring 180 day contract. I have been mailed a "Questionnaire About Qualifications for Jury Service". Section B, Question 4 asks, "Does your work exempt you from jury service?". How do I answer this question? Am I active service or not? Thank you.


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## mariomike (30 Sep 2017)

Fros7bite said:
			
		

> I am a Class "B" reservist on a recurring 180 day contract.





			
				Stomper said:
			
		

> does it refer to being under something like a class B contract?


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## Fros7bite (30 Sep 2017)

I have spoken to the G1 at the 4th Can Div HQ and they said that unless a reservist is on a named operation or on Class "C" duty. He they *NOT* exempt from Jury Duty.


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## SeaKingTacco (30 Sep 2017)

Good info to know, thanks!


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## mariomike (30 Sep 2017)

For reference to the discussion, 

DAOD 7001-0, Civil and Criminal Court Proceedings
http://www.forces.gc.ca/en/about-policies-standards-defence-admin-orders-directives-7000/7001-0.page
"Every member of the Reserve Force on active service and every member of the Regular Force and Special Force is exempt from jury service at civil or criminal court in accordance with Section 268 of the National Defence Act."


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