April 12, 2002
Kuujjuaq court cant find enough jurors
Accused in sexual assault
case will be tried later this year
JANE
GEORGE
Canadian law says a person
accused of an indictable offense has the right to be tried by a jury of 12 peers,
if that is what he chooses.
According to the law, these
jurors must also be impartial that is, they must able to judge a case
objectively.
Generally, jury selections
go off without problems, but two weeks ago in Kuujjuaq, the task of finding
a dozen impartial jurors proved impossible.
The jury was to sit in
the trial of Johnny Mark Angnatuk, 36, who faced a charge of assault causing
bodily harm in relation to an incident from September 2000.
Some 150 citizens of Kuujjuaq
received a call for jury duty in this case, yet only about 50 showed up. Of
these, only eight were found to be impartial, after having been questioned by
the judge.
Three days into the search
for a jury to hear Angnatuks case, the selection was called off.
"This was the first
time this has happened in Nunavik," said François Paré, who
is the regional director of judicial services in northern Quebec.
Angatuks case will
be heard at a later date, when other pending cases against him may be tried
at the same time.
Paré said he understood
why more Kuujjuamiut didnt respond to the jury call during the week of
March 22.
"It was spring break,
and even if they had received a notice, the sun was shining, and it was a chance
to go out camping," Paré said.
Most accused in Nunavik
are tried before a judge, but every year there are at least three cases that
involve jury trials.
"Its the right
of an accused to be judged by his peers," Paré said.
During a trial by jury,
the jury, not a judge, finds the accused person either guilty or not guilty.
Gaétan Roby, the
deputy sheriff for Nunavik, said those who serve on a jury "adore"
the experience once they see whats involved.
"Its like a
crash course in law," Roby said.
During jury duty, Quebec
reimburses working jurors salaries and any childcare costs incurred. A
stipend of $90 a day is offered to those who arent working.
As well, an additional
$45 is paid for night sittings, if that becomes necessary.
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