The Jury Act

The Jury Act, C.C.S.M. c. J30 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Who may serve as a juror 3 Disqualified persons 3.1 Ineligibility if disability cannot be accommodated 4 Language difficulty 5 Chief Sheriff to prepare jurors' roll 6 Random selection of jurors 7 Access to appropriate lists 8 Describing jury districts 9 Determining number of names on jury roll 10 Sheriff designated for district 11 Jurors' roll sent to sheriff 12 Notes to be made in records 13 Additional jurors' rolls 14 Where duties of Chief Sheriff unexecuted 15 When old rolls may be used 16 Inspection of jurors' roll 17 Judge may summon jurors 18 Method of selection from roll 19 Summoning additional jurors 20 Time for entry of civil jury trial 21 Clerk's certificate, sheriff to summon jury 22 Summoning jurors 23 Minimum notice 24 Notices to accompany summons 24.1 Leave of absence from employment 25 Grounds for exemption 26 Disqualification, ineligibility or exemption 27 Appeal of sheriff's decision 28 Grounds of exemption inserted in list 29 Disclosure of names on panel 30 Panel annexed to writ when list returned, surplus jurors discharged 31 Limit on jurors' attendance 32 Juries and verdict in civil actions 33 Trial on appointed day, where jurors cannot be sworn 34 Repealed 35 Cards for selection of jury 36 Mode of balloting 37 Cards of sworn jurors 38 Draw for new jury before old discharged 39 Same jury may try several issues if consent 40 Challenges without cause 41 Challenges settled in open court 42 Fees and expenses 43-45 Repealed 46 Liability of jurors 47 Juries to be supervised 48 Publishing matters raised at trial 49 No disclosure of jury discussion 50 Discussion with juror concerning trial 51 Effect of irregularities or disqualified persons as jurors 52 Challenges not affected by s. 51 53 Regulations HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: Definitions 1 In this Act "appropriate list" means any list of names and addresses made or maintained by a department or agency of the government that is designated in the regulations as an appropriate list for the purposes of this act including any voters' list or electors' list, as finally revised, prepared for the election of members of the Assembly, or of a council of a municipality within the province or of a board of trustees of a school division or school district within the province, and designated in the regulations as an appropriate list for the purposes of this Act; (« liste appropriée ») "Chief Sheriff" means the Chief Sheriff for the province appointed under The Sheriffs Act ; (« shérif en chef ») "clerk" means the Registrar of the court or a deputy registrar; (« greffier ») "court" means His Majesty's Court of King's Bench for Manitoba; (« tribunal ») "employee " means a person engaged by another to perform skilled or unskilled manual, clerical, domestic or technical work or service, or professional work or service; (« employé ») "employer" means a person, firm, corporation, principal, agent, representative, contractor or sub-contractor having control and direction of, or responsible directly or indirectly for the engagement or employment of, or payment of wages to an employee; (« employeur ») "employment" means service, work or duties undertaken under a written or oral agreement between an employer and an employee whereby the employee agrees to render any services or perform manual, clerical or technical work or duties, whether the work is, or the services or duties are, skilled or unskilled; (« emploi ») "jurors' list" means the list of names of the persons summoned by a sheriff to serve as jurors at a sitting of the court; (« liste de jurés ») "jurors' roll" means a jurors roll prepared for a jury district by the Chief Sheriff by a random selection from appropriate lists; (« registre des jurés ») "jury district" means an area of the province described under section 8 as a jury district in respect of a judicial centre; (« district de jury ») "jury panel" means the persons who attend at court and from whom a jury may be selected for the trial of an action or issue by jury; (« tableau des jurés ») "jury trial" means the trial of an action or issue which is to be tried with a jury and the trial of a criminal matter and proceeding with a jury; (« procès par jury ») "sheriff" where used to refer to a sheriff responsible for a jury district means a sheriff appointed under The Sheriffs Act who has been designated by the Chief Sheriff as the sheriff responsible for the administration of this Act within the jury district. (« shérif ») S.M. 1996, c. 31, s. 2 . Who may serve as a juror 2 Subject to sections 3 to 4, every Manitoba resident who is 18 years of age or older may serve as a juror. S.M. 2021, c. 40, s. 22 . Disqualified persons 3 The following persons are disqualified from serving as a juror: (a) the Lieutenant Governor and a member or officer of the Legislative Assembly, the House of Commons or the Senate of Canada; (b) a judge, associate judge or justice of the peace; (c) a member of The Law Society of Manitoba; (d) an officer or employee of the Department of Justice in the Government of Manitoba; (e) an officer or employee of the Department of Justice, the Public Prosecution Service or the Department of Public Safety and Emergency Preparedness in the Government of Canada; (f) a member of a police service; (g) a medical examiner under The Fatality Inquiries Act ; (h) a person convicted of an indictable offence, unless the person has been granted a record suspension under the Criminal Records Act (Canada) or a pardon; (i) a member of a class of persons prescribed by regulation. R.S.M. 1987 Supp., c. 4, s. 14 ; S.M. 1992, c. 20, s. 2 ; S.M. 1993, c. 48, s. 70 ; S.M. 2005, c. 8, s. 11 ; S.M. 2010, c. 33, s. 27 ; S.M. 2021, c. 40, s. 22 ; S.M. 2023, c. 34, s. 59 . Ineligibility if disability cannot be accommodated 3.1 A person is not eligible to serve as a juror if the person has a disability that cannot reasonably be accommodated in a manner that allows them to properly discharge the duties of a juror. S.M. 2021, c. 40, s. 23 . Language difficulty 4 Where the language in which a trial is primarily to be conducted is one that a person is unable to understand, speak or read, that person is disqualified from serving as a juror in the trial. Chief Sheriff to prepare jurors' roll 5 The Chief Sheriff shall, in each numerical year before November 1 in that numerical year, prepare for each jury district for use in the ensuing 12 months a jurors' roll comprised of names of persons residing in that jury district. Random selection of jurors 6(1) The jurors' roll shall be prepared by random selection from appropriate lists. Limited use of information on lists 6(2) In using appropriate lists for preparing jurors' rolls, the Chief Sheriff or any person assisting the Chief Sheriff in preparing the jurors' rolls shall not extract, retain or divulge any information disclosed in the appropriate lists except the names and addresses of the persons whose names appear on the appropriate lists, but if the age of persons whose names appear on the appropriate lists is disclosed, the Chief Sheriff or the person assisting in preparing the jurors' rolls may use that information to strike from the jurors' rolls the names and addresses of persons who are under the age of majority. R.S.M. 1987 Supp., c. 4, s. 14 . Access to appropriate lists 7(1) Any department or agency of the government that has control or custody of an appropriate list designated under the regulations shall make the appropriate list, or a copy thereof, available to the Chief Sheriff at all reasonable times for the purpose of the preparation of jurors' rolls. Use of computer data base 7(2) Where a department or agency has control or custody of an appropriate list designated under the regulations in the form of a computer data base, the department or agency shall permit the Chief Sheriff to have access to the list in a manner which would allow the Chief Sheriff to make a random selection of names and addresses from the list by the use of the computer data base and shall allow the Chief Sheriff, upon request,reasonable use of any computer equipment in the control or custody of the department or agency to permit the Chief Sheriff to make a random selection subject to the payment of reasonable charges for the use of the computer equipment. S.M. 1992, c. 20, s. 3 . Describing jury districts 8(1) The Chief Sheriff shall for each judicial centre in the province at which jury trials may be held describe a jury district in such a manner that every part of the province is within a jury district, and may from time to time as circumstances require vary the descriptions of jury districts. Public examination of description 8(2) The Chief Sheriff shall at all times keep available for examination in the office of the Chief Sheriff by members of the public on request, the description of jury districts in force and effect. Statutes and Regulations Act does not apply 8(3) The Statutes and Regulations Act does not apply to the Chief Sheriff's descriptions of jury districts. S.M. 2013, c. 39, Sch. A, s. 67 . Determination of number of names on jury roll 9(1) The Chief Justice of the King's Bench shall determine the number of names to be selected for the jurors' roll for each jury district and shall notify the Chief Sheriff of the determination. Variation of determination 9(2) The determination of the Chief Justice of the King's Bench under subsection (1) shall continue to apply to the selection of names to be selected for the jurors' roll for a jury district until the Chief Justice of the King's Bench notifies the Chief Sheriff of a variation in the determination and any variation in the determination may be made to apply indefinitely or in respect of a specific period as the Chief Justice of the King's Bench may specify. S.M. 1992, c. 20, s. 4 . Designation of sheriff responsible for district 10 The Chief Sheriff shall designate for each jury district a sheriff appointed under The Sheriff's Act as the sheriff responsible for the administration of this Act within the jury district and a sheriff may be responsible for the administration of this Act within more than one jury district. Jurors' roll sent to sheriff 11 Upon completing a jurors' roll for a jury district, the Chief Sheriff shall endorse thereon or attach thereto a certificate certifying that it is the jurors' roll for the jury district for the 12 months following November 1 in the numerical year in which the jurors' roll was prepared and shall send a copy of the jurors' roll with the certificate to the sheriff responsible for that jury district. Notes to be made in records 12 Where a person whose name appears on the jurors' roll for a jury district (a) is exempt; or (b) is not qualified and the person's name was erroneously inserted therein; or (c) dies; or (d) ceases to be a resident of the jury district; or (e) becomes disqualified; and that fact is established to the satisfaction of the sheriff responsible for the jury district, the sheriff shall make a notation of that fact in the records. S.M. 1992, c. 20, s. 5 . Additional jurors' rolls 13 Where it appears to the sheriff responsible for a jury district that the jurors' roll for the jury district for use during a period does not have sufficient names on it to serve the need or anticipated need for jurors in that jury district in that period, the sheriff shall notify the Chief Sheriff and the Chief Sheriff shall prepare a further jurors' roll for the jury district for use during that period in the same manner and shall follow the same procedures as required in respect of the preparation of a jurors' roll under section 5. Where duties of Chief Sheriff not carried out 14(1) Where, from any cause, the Chief Sheriff has not carried out the duties prescribed by this Act, the Minister of Justice may appoint another person to perform those duties on behalf of the Chief Sheriff and where a person is so appointed that person shall perform the duties prescribed to be performed by the Chief Sheriff. Rolls made by substitute to be valid 14(2) Any jurors' roll made under subsection (1) is of the same effect, and shall remain in force during the same period, as if it had been duly made by the Chief Sheriff. S.M. 1993, c. 48, s. 70 . When old rolls may be used 15 Notwithstanding section 14, where a new jurors' roll for a jury district is not made in accordance with this Act, a judge of the court may order that the latest jurors' roll for the jury district in the hands of the sheriff responsible for the jury district shall be used to obtain therefrom the names of such a number of persons as, in the opinion of the judge, expressed in the order, appear sufficient to carry on the business of the court. S.M. 1992, c. 20, s. 6 . Inspection of jurors' roll 16 Except upon an order of a judge of the court, no person other than persons employed in the office of the sheriff shall inspect, or be given any information respecting a jurors' roll until after the jurors' roll has been replaced by a later jurors' roll. Judge may issue order to summon jurors 17(1) The judge who is to preside at the sittings of the court in a jury district for which a jury will be required for a trial or any other judge of the court, shall not less than 60 days before the sitting, in writing direct the sheriff responsible for the jury district to summon a number of persons specified in the direction to serve as jurors at the sitting. Sheriff to summon jurors if required by judge 17(2) Where it appears to a judge presiding at any sitting of the court in a jury district that it is necessary for the trial of any action or issue or criminal matter or proceeding coming before him or her that persons be summoned to serve as jurors, the judge may in writing direct the sheriff responsible for the jury district to summon a number of persons specified in the direction to serve as jurors in the court at the sitting or on any day to which adjournment is made or which may be appointed. R.S.M. 1987 Supp., c. 31, s. 12 ; S.M. 1992, c. 20, s. 7 . Jurors summoned in order on roll 18(1) The sheriff shall take in turn the names of the persons to serve as jurors as they appear on the jurors' roll until the sheriff has summoned the number required. Continuation of selection 18(2) On the first direction to summon jurors after a new jurors' roll has been prepared for a jury district, the sheriff responsible for the jury district shall commence at the first name on the roll and on any subsequent direction while that jurors' roll is in use shall commence from the name of the last person summoned at the preceding sitting and where necessary the sheriff shall go over the roll again, beginning at the first person named thereon. S.M. 1992, c. 20, s. 8 . Summoning of jurors in excess of number specified 19(1) Where, either before or during any sitting of the court in a jury district, it appears necessary or advisable for any reason to have a larger panel of jurors for the sitting, the judge assigned to preside over the sitting or any other judge of the court may, in writing, direct the sheriff responsible for the jury district to summon a further number of jurors specified in the direction. Judge directing sheriff to summon additional jurors 19(2) Where it appears to a judge presiding over a sitting of the court for jury trials in a jury district that the business before the court will not be completed within a month, the judge shall direct the sheriff responsible for the jury district to summon a number of persons specified in the direction to serve as jurors at the sitting as the judge thinks necessary to complete the sitting. S.M. 1992, c. 20, s. 9 ; S.M. 1994, c. 20, s. 11 . Time for entry of civil jury trial 20 No civil action or issue shall be tried by a jury in the court unless it has been entered for trial by jury at least five weeks before the date fixed for the trial of the action or issue. Clerk's certificate 21(1) Where a civil action or issue has been entered for trial by jury the clerk shall immediately issue a certificate to the sheriff that the action or issue has been entered for trial by jury and that the jury fee has been paid, and shall state therein the date and place appointed for the trial. Sheriff to summon jury 21(2) Upon receiving the certificate of the clerk that an action or issue has been entered for trial by jury in a jury district, the sheriff responsible for the jury district shall summon from the roll the required number of jurors. Summoning jurors 22 The sheriff shall summon or cause to be summoned every person bound to serve as a juror (a) by causing to be delivered to the juror at the juror's usual residence or place of employment, or if the juror is absent from that usual residence or place of employment by leaving with some person residing there or employed there, as the case may be, who appears to be at least 16 years of age; or (b) by sending to the juror by ordinary letter mail; a summons in writing issued by the sheriff and containing particulars of the time, date and place of the sitting for which the juror is required to attend. S.M. 2000, c. 25, s. 2 . Minimum notice 23 Unless the judge in special circumstances orders otherwise, a summons served under section 22 (a) if delivered under clause 22(a), must be delivered at least 12 days before the day the appearance must be made; and (b) if sent under clause 22(b), must be sent at least 17 days before the day the appearance must be made. S.M. 2000, c. 25, s. 3 . Notices to accompany summons 24 There shall be attached to or accompanying each jury summons served on a person a notice in a form prescribed in the regulations. Leave of absence from employment 24.1(1) Every employer shall grant to an employee who is summoned to serve as a juror, a leave of absence, with or without pay, sufficient for the purpose of the discharge of the employee's duties, and, upon the employee's return, the employer shall reinstate the employee to his or her position, or provide the employee with alternative work of a comparable nature at not less than his or her wages at the time the leave of absence began and without loss of seniority or benefits accrued to the commencement of the leave of absence. Liability of employer for breach 24.1(2) An employer who fails to comply with subsection (1) is liable to the employee for any loss occasioned by the breach of the employer's obligation. Penalty for reprisal 24.1(3) Every employer who, directly or indirectly, (a) threatens to cause or causes an employee loss of position, or employment; or (b) threatens to impose or imposes on an employee any pecuniary or other penalty; because of the employee's being summoned for jury service or being required to serve on a jury, is guilty of an offence and liable, on summary conviction, to a fine of not more than $5,000. or to imprisonment for not more than three months, or to both. Compensation order 24.1(4) In addition to the penalty set out in subsection (3), at the time sentence is imposed the aggrieved employee may apply for and the presiding judge may grant an order that the employer pay to the employee an amount not exceeding $5,000. by way of compensation for any actual loss of wages that was sustained by the employee as a result of the commission of the offence. Calculation of loss 24.1(5) In calculating the loss under subsection (4), no amount shall be included in respect of the period, if any, during which the employee was serving on the jury. Compensation order filed as judgment 24.1(6) An employee in whose favour an order under subsection (4) is made may file the order in the court, and on filing the order is deemed to be a judgment of the court in favour of the employee for the purpose of enforcement. Compensation order not a bar 24.1(7) The granting of an order under subsection (4) does not bar any action that the employee may have under subsection (2). S.M. 1992, c. 20, s. 10 ; S.M. 1996, c. 31, s. 3 ; S.M. 2023, c. 10, s. 26 . Grounds for exemption 25(1) A person may apply to the sheriff to be exempted from serving as a juror on the grounds that (a) the person belongs to a religion or religious order that makes service as a juror incompatible with the beliefs or practices of the religion or order; or (b) serving as a juror may cause serious hardship or loss to the person or others; or (c) the person is a member of the regular force of the Canadian Forces or a member of a reserve force of the Canadian forces who is on active service under the National Defence Act (Canada). 25(2) [Repealed] R.S.M. 1987 Supp., c. 4, s. 14 . Exemption on resummoning 25(3) A person who has served as a juror and who within two years after the date he or she last served as a juror is summoned again to serve as a juror shall, on application, be exempted from serving as a juror. R.S.M. 1987 Supp., c. 4, s. 14 ; S.M. 1992, c. 20, s. 11 . Disqualification, ineligibility or exemption 26(1) Every person summoned as a juror who is not qualified or who is ineligible to serve as a juror or who wishes to apply to be exempted from serving as a juror shall, within one week after being served with the summons to attend to serve as a juror furnish to the sheriff a declaration establishing the grounds of the disqualification or ineligibility or for being exempted from serving as a juror. Proof from medical practitioner 26(2) If a person claims that they are ineligible to serve as a juror due to a disability or that they should be exempted from jury service because of a physical or mental condition, the sheriff may require the person to provide a certificate or letter from a medical practitioner that sets out the nature of the person's disability or condition and how the disability or condition affects the person's ability to serve as a juror. 26(3) [Repealed] R.S.M. 1987 Supp., c. 4, s. 14 . Notice of disqualification 26(4) Where a sheriff is satisfied on the basis of a declaration or other proof furnished under this section or of any other inquiry that the sheriff has made, that a person summoned as a juror is disqualified from serving as a juror or is entitled to be exempted from serving as a juror, the sheriff shall notify the person that the person is disqualified or exempted, as the case may be, and is not required to answer the summons. R.S.M. 1987 Supp., c. 4, s. 14 ; S.M. 1992, c. 20, s. 12 ; S.M. 2021, c. 40, s. 24 . Appeal of sheriff's decision 27 Where a person who has been served with a summons to serve as a juror, who has provided a declaration or other proof under section 26 and who believes that he or she is disqualified or is entitled to be exempted from serving as a juror, is not notified by the sheriff that he or she is disqualified or exempted from serving as a juror, the person may appeal the determination of the sheriff to a judge of the court in chambers who may deal with the matter summarily and decide whether the person is or is not disqualified or entitled to be exempted from serving as a juror. S.M. 1992, c. 20, s. 13 . Grounds of exemption to be inserted in jurors list 28 The sheriff shall insert in the jurors' list before returning it to the court, opposite the name of any person exempted or disqualified under this Act, a notation of the grounds of exemption or disqualification. S.M. 1992, c. 20, s. 14 . Disclosure of names on panel 29 The names on the jurors list shall not be disclosed until five days before the sitting of the court for which the jurors list has been prepared. Panel to be annexed to writ when returned 30(1) The sheriff shall return to the court the jurors' list and a list containing the names and addresses of the persons comprising the jury panel, together with any direction or order requiring the summoning of the jurors. Court may discharge surplus jurors 30(2) Where, in consequence of the disallowance of claims for exemption or for any other reason there are at any time more than a sufficient number of persons liable to serve in attendance at the court, the court may discharge the surplus number of jurors. Jurors attendance limited to one month 31 Except in the case of a juror sitting upon the trial of an action or issue or a criminal matter or proceeding that has not been concluded, no juror shall be required to remain in attendance at the court for jury trials for more than one month. Juries in civil actions 32(1) Every jury for the trial of a civil action or issue shall consist of six persons, five of whom may return a verdict. Verdict of five sufficient 32(2) A verdict returned by five jurors has the same effect as a verdict returned by six jurors. Trial by five jurors 32(3) The parties to an action or issue or their counsel may agree to a trial by five jurors instead of six, in which case the verdict must be unanimous. Trial 33(1) An action or issue that has been duly entered for jury trial shall be tried on the day appointed for that purpose or on any other day to which the trial is postponed. Where six jurors cannot be sworn 33(2) The trial of a civil action may proceed if at least 10 jurors attend as the jury panel but if, by reason of successful challenges for cause or other sufficient reason, six jurors cannot be sworn from the jury panel to try the action or issue, the court may order the sheriff forthwith to summon such number of persons as the court deems necessary in order to make a full jury; and those jurors may, if necessary, be summoned by word of mouth. Addition to panel 33(3) The names of the persons summoned under subsection (2), shall be added to the list containing the names and addresses of the persons comprising the jury panel for the purposes of the trial of the matter; and the same proceedings shall be taken as to calling and challenging those persons as are herein provided with respect to persons on the original jury panel. R.S.M. 1987 Supp., c. 4, s. 14 . 34 [Repealed] S.M. 1999, c. 11, s. 13 ; S.M. 2020, c. 21, s. 53 ; S.M. 2021, c. 40, s. 25 . Cards for selection of jury 35(1) The sheriff shall write the name and address of each person on the jury panel, with the juror's number on the panel, on uniform cards or papers. Cards in container 35(2) The sheriff shall place the cards or papers prepared in subsection (l) in a container provided by the sheriff for the purpose, and deliver it to an officer of the court for the purpose of balloting. S.M. 1992, c. 20, s. 15 . Mode of balloting 36(1) Where an action or issue for which a jury is required is brought on to be tried, an officer of the court shall in open court mix the cards or papers in the container and then draw out the cards or papers and call forward the persons whose names appear thereon, one after another, until a complete jury is drawn and sworn to try the matter. Disposal of remaining cards 36(2) After a complete jury is sworn, the clerk shall then return the cards or papers containing the names of the jurors drawn, but not sworn, to the container. Cards of sworn jurors 37 The cards or papers bearing the names of the jurors drawn and sworn shall be kept apart until the jury has given its verdict and it has been recorded, or until the jury has been discharged and shall then be returned to the container there to be kept with the other cards or papers remaining at the time undrawn, and the process shall be repeated as often as circumstances require, as long as any matter at the sitting for which the panel was summoned remains to be tried by jury. Draw for new jury before discharge of old jury 38 Where an action or issue is brought on to be tried at a sitting prior to a jury in any other action or issue being tried at that sitting bringing in its verdict or being discharged, the court may order the jury for the trial thereof to be drawn from the cards or papers remaining in the container. By consent same jury may try several issues 39 Notwithstanding sections 36, 37 and 38, where no objection is made on the part of any party, the court may direct the trial of any civil action or issue to be tried at a sitting be tried with a jury previously drawn to try any other civil action or issue at the sitting, without the names being returned to the container and redrawn, or may order any juror whom both parties consent to withdraw or who may be justly challenged or excused by the court, to retire, and may cause another name to be drawn from the container, and shall try the matter with the residue of the original jury and the new jurors who are added and sworn and the process may be repeated as often as necessary as long as any civil action or issue remains to be tried at the sitting. Challenges without cause 40 A party to a civil action or issue may challenge three jurors without cause. Challenges to be settled in open court 41 Every challenge or exception to the jury panel or to any particular person on the panel shall be taken, made and decided in open court on the grounds of real or apprehended prejudice or bias. Fees and expenses 42 A juror is to be paid the fees and expenses prescribed by regulation for their services. S.M. 1992, c. 20, s. 16 ; S.M. 1997, c. 22, s. 2 ; S.M. 2021, c. 40, s. 26 . 43 [Repealed] S.M. 1992, c. 20, s. 17 ; S.M. 2021, c. 40, s. 27 . 44 [Repealed] S.M. 1992, c. 20, s. 18 ; S.M. 1996, c. 31, s. 4 . 45 [Repealed] S.M. 1992, c. 20, s. 19 ; S.M. 2021, c. 40, s. 27 . Liability of jurors 46 Every person duly summoned as a juror under this Act, and not exempted or excused as provided herein, (a) who, having been personally served with the summons or having acknowledged receipt of it, refuses or neglects to attend in pursuance of the summons; or (b) who, being in court and called, does not answer his or her name; or (c) who, being in court and called, does not appear; or (d) who, after his or her appearance, withdraws from the presence of the court; without good cause being shown to the court for the default, is liable on summary conviction to a fine of not more than $500., or to imprisonment for not more than 30 days or to both such fine and such imprisonment. S.M. 1992, c. 20, s. 20 ; S.M. 2000, c. 25, s. 4 . Juries to be kept in charge 47(1) Except where permission is granted under subsection (2) for the members of a jury to be allowed to leave the supervision of the officers of the court, the members of a jury shall be kept under the charge of an officer of the court who shall prevent them from communicating with anyone other than other members of the jury and the officers of the court until they have given their verdict or been discharged, and until that time they shall be provided with sufficient food, refreshment, accommodation and other requirements at the expense of the government. Permission to leave supervision 47(2) The judge presiding at a trial by jury may grant permission for all or any of the members of the jury to leave the supervision of the officers of the court during any period of the trial which, to the judge, seems appropriate in the circumstances. Publication of matters raised at trial 48 Where the judge presiding at a trial by jury has granted permission for all or any members of the jury to leave the supervision of the officers of the court under subsection 47(2) no person shall, before the jury retires to consider its verdict, publish in any newspaper or broadcast any information regarding any portion of the trial at which the jury is not present and every person who contravenes this subsection is in contempt of court. Non-disclosure of jury discussions 49 Every person who, having been a member of a jury that has rendered its verdict or been discharged, discloses or discusses in any way the nature or content of any discussions held by the jury on which he or she served is guilty of an offence and liable, on summary conviction, to a fine of not more than $1,000. or to imprisonment for not more than one month or to both such fine and such imprisonment. S.M. 1992, c. 20, s. 21 . Discussion concerning trial 50(1) A member of a jury for a trial who, before the jury delivers its verdict, discusses with any person other than another juror on the jury or the judge at the trial (a) any issue or matter raised at the trial; or (b) any evidence adduced at the trial; or (c) a party to or witness at the trial; is in contempt of court. Communication with juror 50(2) Every person who is interested in any action or issue that has been entered for trial by jury and every barrister, solicitor, counsel or agent for any person interested in the action or issue, who, before or during the trial, knowingly, directly or indirectly, speaks to or discusses with any person who has been summoned to attend the court to act as a juror at the sitting of the court at which the trial is to be held concerning (a) any matter or issue raised or that may be raised at the trial; or (b) any evidence adduced or that may be adduced at the trial; or (c) any party to or witness at the trial or any person who may be a witness at the trial; is in contempt of court. Exception 50(3) Subsection (2) does not apply (a) if the person summoned to serve as a juror has been disqualified or exempted from serving; or (b) after the jury for the trial has been selected and the person summoned has not been selected as a member of the jury. Effect of irregularities 51(1) No omission by the Chief Sheriff or a sheriff, a deputy sheriff, a clerk, or an officer of the court or any of them to perform any duty or function under this Act is a ground for impeaching the verdict of a jury or setting aside the judgment rendered in any action or issue. Disqualified persons acting as jurors 51(2) Where one or more of the jurors serving on a jury in a trial of an action or issue is or are not qualified under this Act to serve as a juror for any reason, the verdict of the jury in the action or issue and any judgment of the court made on the basis of the verdict of the jury, is not for that reason invalid or subject to impeachment. Challenges not affected by section 51 52 Section 51 does not deprive, (a) any party of the right to challenge a juror as not qualified under this Act or for any other lawful cause of challenge; or (b) the court of authority to determine and allow the challenge. Regulations 53 The Lieutenant Governor in Council may make regulations (a) designating as an appropriate list for the purposes of this Act any list of names and addresses made and maintained for any purpose by a department or agency of the government or any voters' lists or electors lists as finally revised, prepared for the election of members of the Assembly or of a council of a municipality within the province or of a board of trustees of a school division or school district within the province; (b) prescribing the fees and expenses payable to jurors and the manner in which fees and expenses are to be paid to jurors; (b.1) prescribing additional classes of persons who are disqualified from serving as a juror; (c) prescribing forms for use in the administration of this Act; (d) respecting any matter that the Lieutenant Governor in Council considers necessary or advisable to carry out the purposes of this Act. S.M. 2021, c. 40, s. 28 .