On November 21, the Ontario Court of Appeal ruled that privacy invasive background checks on prospective jurors should result in a new trial for an accused.

In 2009, the Commissioner conducted a province-wide investigation into the background check practices of police and Crown Attorneys, culminating in our Report on Excessive Background Checks Conducted on Prospective Jurors. We found the practice to be both widespread and contrary to our FIPPA and MFIPPA.  We were gratified to see that the panel quoted extensively from our report, and stated “In her well-reasoned report, the Commissioner came to the following relevant conclusions…”  We are also pleased that the court has recognized the importance of privacy, and affirmed our view that unjustified invasions of jurors’ privacy can have a serious impact on the integrity of our criminal justice system. 

The Supreme Court of Canada is currently deliberating on a group of appeals brought by individuals who were not successful in persuading the Ontario Court of Appeal to overturn their convictions on the basis of improper jury vetting.  Our office appeared as an intervener at that hearing.

• Ontario Court of Appeal Decision
• The Globe and Mail
• Canadian Press
• Toronto Star