The Nizkor Project: Remembering the Holocaust (Shoah)

Ethnocultural Groups
The Justice System in Canada
A Review of the Issues

Access to the Protection of the Criminal Justice System

148. Immigrant Services Society of B.C., Settlement in the 1990s.

149. Law Courts Education Society, Comparative Justice.

150. Etherington, Review of Multiculturalism.

151. David Pomerant, Multiculturalism, Representation and the Jury Selection Process in Canadian Criminal Cases (Ottawa: Department of Justice Canada, 1994).

152. Joanne Godin, _More Than Just a Crime: A Report on the Lack of Public Information Materials for Immigrant Women Who are Subject to Wife Assault_ (Ottawa: Department of Justice Canada, 1994); and Canadian Panel on Violence Against Women, Changing the Landscape: Ending Violence -- Achieving Equality, Final Report (1993).

153. Law Courts Education Society, Comparative Justice.

154. Ibid, Activity Report No. 1, at 13; and Activity Report No 3, at 7 - 8.

155. Ibid, Activity Report No. 3, at 9.

156. Ibid, Activity Report No. 3, at 5.

157. Ibid, Activity Report No. 1, at 12.

158. Ibid, at 14

159. Etherington, Review of Multiculturalism.

160. Brodeur, Access to Justice, at 82-83.

161. Etherington, Review of Multiculturalism.

162. Site visit to the Toronto Bail Court Prograrn.

163. Etherington, Review of Multiculturalism.

164. Pomerant, Multiculturalism; Etherington, Review of Multiculturalism; and Cynthia Petersen, "Institutionalized Racism: The Need for Reform of the Criminal July Selection Process," McGill Law Journal, 38(1) (April 1993).

165. Law Reform Commission of Nova Scotia, Juries in Nova Scotia: A Discussion Paper (Halifax: The Commission, 1993)

166. Sherratt v. R. (1991), 3 C.R. (4th) 129 (S.C.C.). 167 Kaiser, The Criminal Code, at 116.

168. Etherington, Review of Multiculturalism.

169. Pomerant, Multiculturalism.

170.Etherington, Review of Multiculturalism.

171. Criminal Code, Part XX, procedure in jury trials, especially s. 629 and s. 633.

172 Pomerant, Multiculturalism; Etherington, Review of Multiculturalism; and Petersen, "Institutionalized Racism."

173. Petersen, "Institutionalized Racism," at 151.

174. Ibid, at 152

175. Ibid.

176. Pomerant, Multiculturalism.

177 Ibid.

178. Criminal Code, s. 638(1)(d).

179. Pomerant, Multiculturalism.

180. Petersen, Institutionalized Racism, at 154, raises the issue of accent discrimination. This refers to a form of discrimination in which an accent which is not British may be incorrectly assumed to indicate that the person does not possess the level of linguistic skill to participate on a jury. Thus, many people, both citizens and possibly non- citizens, would be excluded. Petersen's hypothesis about accent discrimination in the juror selection process might be investigated empirically. If found to be present, objective tests for determining language facility could be developed for screening jurors.

181. Pomerant, Multiculturalism.

182. H. Fukurai,. E.W. Butler, and R. Krooth, "Cross- sectional Jury Representation or Systematic Jury Representation? Simple Random and Cluster sampling Strategies in Jury Selection," Journal of Criminal Justice, 31 (1991), at 33.

183. Pomerant, Multiculturalism.

184. Etherington, _Review of Multiculturalism_.

185. Pomerant, _Multiculturalism_

186. Royal Commission on Criminal Justice (Runciman Report) (1993), at 134.

187. Pomerant, Multiculturalism.

188. Petersen, "Institutionalized Racism," at 157.

189. Etherington, Review of Multiculturalism.

190. Ibid.

191. Pomerant, Multiculturalism.

192. Etherington, Review of Multiculturalism.

193. Pomerant, Multiculturalism.

194. Ibid, and Etherington, Review of Multiculturalism.

195. N. Vidmar and J. Melnitzer, "Juror Prejudice: An Empirical Study of Challenge for Cause," Osgoode Hall Law Journal, 487 (1984), at 489-490.

196. Pomerant, Multiculturalism.

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