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Statutes of Newfoundland 1995


CHAPTER 31

CHAPTER 31

AN ACT TO AMEND THE JURY ACT, 1991

(Assented to December 21, 1995)

Analysis

1. S.4 Amdt.
Jury duty

2. S.5(m), (n) R&S
Disqualifications

3. S.9 R&S
Permanent exemption

4. S.11 Amdt.
Enumeration for jury list

5. S.17 R&S
Return of list

6. S.20(3) R&S
Selection of panel

7. S.23 Amdt.
Application for exemption

8. S.43(2) Amdt.
No compensation

9. Section added
43.1 Cancellation of traffic ticket

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:


SN1991 c16

1. Section 4 of the Jury Act, 1991 is amended by striking out the word "majority" and by substituting the number "18".

2. Paragraphs 5(m) and (n) of the Act are repealed and the following substituted:

(m) a person charged with an indictable offence; or

(n) a person who has within 5 years of the taking of the jury list, unless sooner pardoned, served a period of imprisonment or other detention for an indictable offence without the option of a fine.

3. Section 9 of the Act is repealed and the following substituted:

Permanent exemption

9. (1) A person who is

(a) over the age of 65 years;

(b) mentally or physically incapacitated; or

(c) suffering from an illness which may reasonably be expected to be permanent

shall, on application, be exempted permanently from serving as a juror.

(2) A person who makes an application under paragraph (1)(b) or (c) to be exempted permanently from serving as a juror shall provide a letter from a person licensed to practise medicine in the province certifying his or her mental or physical incapacity or that his or her illness may reasonably be expected to be permanent.

4. (1) Subsection 11(1) of the Act is repealed and the following substituted:

Enumeration for jury list

11. (1) The sheriff, or other person designated by the minister, shall, where directed to do so by the minister, compile a list of the names and addresses and other prescribed information of all persons eligible for jury duty living within 25 kilometres of each place where there may be a sitting.

(2) Subsection 11(3) of the Act is repealed and the following substituted:

(3) The sheriff, or other person designated by the minister under subsection (1), shall be the supervising enumerator and may designate a person to carry out his or her duties as supervising enumerator.

5. Section 17 of the Act is repealed and the following substituted:

Return of list

17. The supervising enumerator, where the supervising enumerator is a person other than the sheriff, shall return the revised list to the sheriff as soon as practicable following the completion of the enumeration.

6. Subsection 20(3) of the Act is repealed and the following substituted:

(3) At the time appointed for the drawing of the jury, the sheriff or sub-sheriff shall, in the presence of the parties who may attend, select, by a method which ensures that the names are selected at random, 30 names from the jury list who shall form the jury panel.

7. (1) Subsection 23(1) of the Act is repealed and the following substituted:

Application for exemption

23. (1) A person summoned as a juror who is not qualified to serve or wishes to apply to be exempted under section 7, 8 or 9 may apply to be disqualified or exempted from service or may have an application made on his or her behalf by ordinary mail addressed to the sheriff or sub-sheriff in the area where that person resides and the sheriff or sub-sheriff may make that determination.

(2) Subsection 23(2) of the Act is amended by striking out the words and comma "the sheriff, sub-sheriff or the Provincial Court judge" and by substituting the words "the sheriff or sub-sheriff".

(3) Subsection 23(3) of the Act is amended by striking out the words and comma "the sheriff, sub-sheriff or the Provincial Court judge" and by substituting the words "the sheriff or sub-sheriff".

8. Subsection 43(2) of the Act is repealed and the following substituted:

(2) A person who is not in receipt of income from wages, self-employment, unemployment insurance, social assistance or a pension, other than a pension, monthly guaranteed income supplement or spouse's allowance under the Old Age Security Act (Canada), or a pension under the Canada Pension Plan may be paid out of the Consolidated Revenue Fund compensation for jury duty in an amount that may be prescribed including compensation for child care expenses.

9. The Act is further amended by adding immediately after section 43 the following:

Cancellation of traffic ticket

43.1 (1) Where a person who has been summoned for jury duty or is serving on a jury is issued, as a result of answering the summons or serving on the jury, a parking ticket as a result of the expiry of a parking meter, the sheriff may cancel the parking ticket in a manner which the Lieutenant-Governor in Council may by regulation prescribe.

(2) A parking ticket cancelled by the sheriff under subsection (1) in keeping with the manner prescribed shall be considered to have no effect and shall not be enforced or proceeded with by the authority issuing it in a proceeding in a court or by other means.

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