Criminal Code

Marginal note:Challenge for cause

• 638 (1) A prosecutor or an accused is entitled to any number of challenges on the ground that

  • (a) the name of a juror does not appear on the panel, but no misnomer or misdescription is a ground of challenge where it appears to the court that the description given on the panel sufficiently designates the person referred to;

  • (b) a juror is not indifferent between the Queen and the accused;

  • (c) a juror has been convicted of an offence for which he was sentenced to death or to a term of imprisonment exceeding twelve months;

  • (d) a juror is an alien;

  • (e) a juror, even with the aid of technical, personal, interpretative or other support services provided to the juror under section 627, is physically unable to perform properly the duties of a juror; or

  • (f) a juror does not speak the official language of Canada that is the language of the accused or the official language of Canada in which the accused can best give testimony or both official languages of Canada, where the accused is required by reason of an order under section 530 to be tried before a judge and jury who speak the official language of Canada that is the language of the accused or the official language of Canada in which the accused can best give testimony or who speak both official languages of Canada, as the case may be.

• Marginal note:No other ground

  (2) No challenge for cause shall be allowed on a ground not mentioned in subsection (1).

• (3) and (4) [Repealed, 1997, c. 18, s. 74]

• (5) [Repealed, R.S., 1985, c. 31 (4th Supp.), s. 96]