Aboriginal accused charged with murder. Defence had sought a declaration that the jury array summoned did not comply with ss. 629 and 630 CC, and the Alberta Jury Act, as none of the potential jurors were aboriginal. Application adjourned. Defence sought disclosure of “documents, emails, memos” from the Crown regarding this issue.
Held: Disclosure ordered.
“In my view, there is a reasonable possibility that past communications by officers and employees of the Province of Alberta on the subject of ensuring that jury arrays reflected the Aboriginal component of Canadian society are logically probative in this matter. … [and] would be logically probative to the issue of whether Alberta has made reasonable efforts to ensure an appropriate level of inclusion of Aboriginal citizens in the jury selection process.”
S. Renouf, Defence Counsel