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Question 16 Question 17

Who can serve on a jury?

A jury consists of 12 people (criminal jury) or 7 people (civil jury) who are selected to hear the evidence in a trial. The new Juries Act changes who can sit on a jury. The following people are automatically exempt from serving on a jury:

  • Anyone who has been convicted of a crime and sentenced to two or more years in prison
  • Anyone who has attended or is attending a law school
  • Anyone who works in the administration of justice (for example, a police officer or an employee of the provincial or federal departments of Justice)
  • A Member of the House of Commons, the Senate, the House of Assembly or the Lieutenant Governor
  • An officer or non-commissioned member of the reserve Armed Forces on active service or an officer and non-commissioned member of the regular Armed Forces and special Armed Forces.
  • Doctors, dentists and clergy are no longer automatically exempt. They may apply to be excused.

 

Where do we get the names for jury duty?

As a result of the changes, the Department of Health will provide us with information from their Health Registration List. We will only be getting names and addresses, and will have no access to health information. This information ensures we have the most accurate and up-to-date information to summons potential jurors. We will continue treat this type of information in a confidential manner.

 

Jury Districts

Potential jurors are drawn from specific geographic regions. The boundaries for these areas have been redrawn and now consist of the following:
1. Victoria and Cape Breton Counties
2. Inverness County
3. Richmond County
4. Antigonish and Guysborough Counties
5. Pictou County
6. Halifax Regional Municipality
7. Colchester County
8. Cumberland County
9. Kings and Hants Counties
10. Annapolis County
11. Digby County
12. Lunenburg and Queens Counties
13. Shelburne County
14. Yarmouth County

 

Asking to be excused/deferred

The Jury Coordinator has increased authority to excuse people, without them having to appear, on the basis of hardship or illness. The Jury Coordinator can also defer someone to the next jury panel on the basis of inconvenience.

If the Jury Coordinator does not excuse or defer someone as requested, then the file is automatically forwarded to a judge to review.

 

Fees paid to Jurors

We have also changed the fees paid to those who serve on a jury and those who travel to attend for jury selection.

 

New Fees

To each potential juror who attends for jury selection:

  • $0.20/km both ways if they live more than 100km away
  • To each juror selected to sit on a jury:
  • $40.00/day
  • $0.20/km both ways

 

Question 17 Question 18 What you need to know if you've been summoned for jury duty in Nova Scotia.

Serving on a jury is an important responsibility. Being a juror is one of the most direct ways that you can take part in the justice system.

Question 17 Question 18

What is a jury?

A jury is a group of people who apply the law, as stated by the judge, to the facts of a case and render a decision.

 

Who can be a juror?

In Nova Scotia, anyone can be a juror if they are a Canadian citizen and 18 years or older UNLESS:

  • You have been convicted of a crime and been sentenced to two or more years in prison;
  • You have attended or are attending a law school;
  • You work in the administration of justice (for example, a police officer or an employee of the provincial or federal departments of Justice)
  • You are a Member of the House of Commons, the Senate, the House of Assembly or the Lieutenant Governor
  • You are an officer or non-commissioned member of the reserve Armed Forces on active service or an officer and non-commissioned member of the regular Armed Forces and special Armed Forces.

 

Why was I picked?

Your name was selected at random from names taken from the Health Registration List. Every year in Nova Scotia, approximately 25,000 names are selected. Being selected means that you have to report for jury duty- it does not mean that you will necessarily sit on a jury.

 

I've got the Jury Summons - now what do I do?

First, read everything in the package carefully. It is important that you understand what you need to do and when.

Second, fill out the Juror Information Form and send it in.

Third, make a note of the date and time you have to go to court.

Finally, keep the phone number to call about jury information in a safe place. And call that number before you go to court.

 

I don't know anything about law or about sitting on a jury!

That's fine. If you are chosen to sit on a jury, the judge will give you information about what will happen next and what you need to know. 

 

Do I have to serve?

Remember that serving on a jury is an important responsibility. It is your chance to be involved in the justice system. You can be excused from jury duty only if you have a good reason.

To ask to be excused from jury duty, you must fill out the "Application to be Excused From Jury Duty." This form is included in the package of documents you received. The Jury Coordinator can excuse you from jury duty if serving on a jury will cause you hardship, or if you are ill. If you are asking to be excused because you are ill, you must also send in a Medical Certificate filled out by your doctor, unless you are aged 70 years or older. This form is also included in your package.

If serving on a jury is inconvenient now, but you could serve in the near future, the Jury Coordinator may defer you to the next jury session. This means that you will have to serve in the next month or so.

If the Jury Coordinator does not excuse you or defer you to a later date, he or she will forward your application to a judge to review. The judge may excuse you on the basis of hardship, illness or inconvenience. 

The Jury Coordinator will contact you by telephone to let you know if your application has been approved or denied.

If you are not excused from jury duty, you must go to court.

 

What happens if I do not fill out the forms and return them or if I do not show up for jury duty without being excused?

Remember, jury duty is responsibility that must be taken seriously. If you do not send in the Juror Information Form, or if you do not show up for jury duty without being excused, you may be arrested and fined up to $1000.

 

Does my employer have to give me time off to appear for jury duty?

Yes. You are entitled to unpaid leave to attend for jury duty. Some employers pay their employees regular wages while attending court for jury duty, so you should check with your employer.

 

What are "jury fees"?

If you are selected to sit on a jury, you will be paid $40.00 per day and 20¢ a kilometer from your home to the courthouse and back for each day that you sit on a jury. 

If you are not selected to sit on a jury, but traveled more than 100 kilometers from your home to the courthouse in response to a jury summons, you will be paid 20¢ a kilometer from your home to the courthouse and back.

 

I am receiving Employment Insurance benefits. How will attending for jury duty affect my benefits?

Attending court for jury duty will not affect your benefits.

 

I still have questions - who can I ask for more information?

Call the Jury Coordinator for your court. His or her name and phone number is on the Juror Summons.

 

See model jury instructions for criminal trials prepared by the
Canadian Judicial Council PDF Document

 

The information on the Courts of Nova Scotia web site is provided for information purposes only and is not intended to constitute legal advice. If you have legal questions, please consult with a lawyer.

 

For information on a specific court click on the appropriate link at the top of this page.