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RSS FeedsHow Google-happy jurors are derailing Ontario trials
(The Star Golf)

 
 

22 may 2018 06:46:17

 
How Google-happy jurors are derailing Ontario trials
(The Star Golf)
 


Three recent trials in Ontario have been rocked by juror misconduct connected to the internet, reviving concerns about the challenges of ensuring a fair trial in the digital age.Jurors in Toronto, Barrie and Ottawa were discovered conducting their own independent research, despite strict instructions from judges that they were “not to use the internet or any electronic device in connection with the case in any way.”Because of Canadian jury privacy laws, it’s impossible to determine if these cases are the exception and whether juries are, as required by law, reaching verdicts based only on the evidence presented in court.But the cases have justice insiders wondering if it is a more widespread phenomenon and if anything can be done, as Ontario’s top court put it in 2015, to “curb the appetite” of jurors seeking online material where there is “little quality control over content.”In Ottawa, at a just-completed motor vehicle personal injury trial, the plaintiffs raised concerns about “extrinsic” and erroneous information that made its way into the jury room.“How can justice be done between the parties when Google is the judge and the jury,” the plaintiffs’ lawyers, led by Tom Connolly, wrote in a factum filed in court arguing for a mistrial.Read more: Got jury duty? Ontario asks you to serve for below minimum wage — and won’t pay your expensesOttawa’s justice reforms will change how juries are selected, bail is set and trials are heldEditorial | It’s past time to tackle Ontario’s jury problemAfter eight weeks of evidence, jurors — who were not sequestered while deliberating — sent a note to the judge asking about a regulation under the Insurance Act, which wasn’t introduced during the trial. The foreman, when questioned, admitted he had consulted the internet, and in so doing, “brought the wrong law to the attention of the jury,” ...


 
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