R. v. Pigeon

R. v. Pigeon

Applicant's evidence, even if proved, could not establish partiality by the Sheriff's office in empanelling the array; the Sheriff employed a random computerized selection in accordance with the Jury Act and Deputy Sheriff affidavit; therefore the Butler threshold was not met and the post-verdict challenge is improper, so the application is dismissed and the jury verdicts stand.

Citation
2009 BCSC 516
Parties
Crown/respondent: Regina; Accused/applicant: Geralda Lucy Pigeon
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
17 April 2009
Procedural Posture
Criminal / Post Verdict Challenge to Array / Pre Sentence Application
Outcome
Application dismissed; jury verdicts upheld; matter to proceed to sentencing.
Legal Topics
Jury Selection, Challenge to Array, Representativeness of Jury, Racial Discrimination Allegations, Application of Ss.670 671 Criminal Code, Threshold for Showing Partiality
Source Language
English
Criminal Law Procedural Law Indigenous/aboriginal Rights Constitutional Law Jury Selection Challenge to Array Representativeness of Jury Racial Discrimination Allegations +2 more

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Parties

Regina

Crown/respondent

Geralda Lucy Pigeon

Accused/applicant

Procedural Posture

Criminal / Post Verdict Challenge to Array / Pre Sentence Application

Legal Issues

  1. 1 Whether applicant has adduced some evidence that could, if proved, establish partiality by the Sheriff in empanelling the array returned March 31, 2008
  2. 2 Whether the applicant may challenge the array for the first time after verdict given ss.670 and 671 of the Criminal Code and jurisprudence
  3. 3 Whether absence of aboriginal jurors in the empanelled jury denied the accused a fair trial

Ratio Decidendi

Applicant's evidence, even if proved, could not establish partiality by the Sheriff's office in empanelling the array; the Sheriff employed a random computerized selection in accordance with the Jury Act and Deputy Sheriff affidavit; therefore the Butler threshold was not met and the post-verdict challenge is improper, so the application is dismissed and the jury verdicts stand.

Court Disposition

Application dismissed; jury verdicts upheld; matter to proceed to sentencing.

Orders

  • Application for judicial investigation dismissed
  • Verdicts of guilty on all counts upheld