Today the Supreme Court of Canada granted leave to appeal in Kokopenace. This decision of the Ontario Court of Appeal held that an accused is constitutionally entitled to a representative jury pool. In Kokopenace, a First Nations accused argued successfully that First Nations people were inadequately represented in the jury pool. Kokopenace was among the cases that led to a review of jury selection processes in Ontario in 2011. In February 2013 retired Supreme Court of Canada Justice Iacobucci released a report entitled First Nations Representation on Ontario Juries, in which he raised serious concerns about the lack of First Nations representation of Ontario juries. He made several recommendations for reform.
This cases raises important issues for Indigenous accused. Stay tuned for further analysis!
Designed by Rachel Gold.