Civil Jury Under Attack

In Saskatchewan litigants can demand a trial by jury in a wide array of cases. Section 18 of The Jury Act provides:

18(1) Any party may demand a jury in accordance with the Queen's Bench Rules in an action:

(a) for libel, slander, malicious arrest, malicious prosecution or false imprisonment; or

(b) an action in which the amount claimed exceeds $10,000.

The Court of Queen's Bench has suggested amendments to section 18 and these amendments, if passed by the legislature, would seriously restrict the right of a litigant to choose trial by jury in a civil case in Saskatchewan. The suggested amendments are as follows:

18(1) Any party may demand a jury in accordance with the Queen's Bench Rules in an action:

(a) for libel, slander, malicious arrest, malicious prosecution or false imprisonment; or

(b) an action founded on any tort or contract in which the amount claimed exceeds $10,000.

18(2) If, on a motion by a party it appears that the trial might involve:

(a) a prolonged examination of documents or accounts;

(b) a scientific or long investigation;

or where:

(c) the sole principal question at issue is alleged to be one of construction of an enactment, will, deed, oral or written contract, or other document;

(d) the issues are of an intricate or complex character.

that in the opinion of a judge cannot conveniently be made by a jury, the judge may, notwithstanding that the proceeding has been directed to be tried by a jury, direct that the proceeding be tried without a jury.

18(3) Where the judge presiding over the trial by jury concludes:

(a) the complex or uncertain nature of the law at issue is likely to be such that a jury, properly instructed, would nevertheless find the law difficult to comprehend or apply:

(b) the substantive issues in the case are issues of law, and the issues of fact are negligible or are merely incidental;

(d) jury service would constitute an unwarranted inconvenience to jurors, after considering

(i) the nature and importance of the matter or matters at issue;

(ii) the interests in trial by jury expressed by the parties; and

(iii) the likely duration of the trial.

the trial judge may discharge the jury and proceed to hear the case without a jury.

18(4) The party demanding a jury:

(a) shall deposit with the local registrar in advance of the trial any sum that the local registrar considers sufficient for the fees and expenses of the jury for the estimated length of the trial; and

(b) subject to subsection (5), is responsible for the full cost of the jury and is not entitled to recover any part of the cost of the jury from the opposing party in the event of success at trial.

18(5) The judge presiding at the trial may make any order as between the parties regarding the cost of the jury that the judge considers appropriate where a party is successful in an action:

(a) for libel, slander, malicious arrest, malicious prosecution or false imprisonment; or

(b) with respect to personal injury or death where the amount claimed exceeds $10,000.

The STLA is committed to upholding the right to trial by jury and it opposes the suggested amendments for a variety of reasons. The STLA submitted the following resolution to the annual meeting of the Law society of Saskatchewan on June 10, 2004:

Whereas section 18(1) of The Jury Act, Chapter J-4.2 of the Statutes of Saskatchewan provides:

18(1) any party my demand a jury in accordance with The Queen's Bench Rules in an action:

(a) for libel, slander, malicious arrest, malicious prosecution or false imprisonment; or

(b) where the amount claimed exceeds $10,000.

AND WHEREAS in January of 2004 the Court of Queen's Bench proposed amendments to The Jury Act that would severely curtail a civil litigants right to trial by jury;

BE IT RESOLVED that the Law Society of Saskatchewan advise the Court of Queen's Bench and the Minister of Justice that it opposes the proposed amendments to The Jury Act.

This resolution was carried by an overwhelming majority and the STLA in conjunction with the CBA and the Law Society of Saskatchewan will be meeting with the Minister of Justice in the near future to further discuss this matter.

The STLA constitution provides:
"The purpose of the non-profit corporation is to uphold and defend the tenets of democracy; to advance the science of jurisprudence; to train in all fields and phases of advocacy; to promote the administration of justice for the public good; to uphold the honour and dignity of the profession of law, and especially to advance the cause of those who are damaged in person or property and who must seek redress therefore; to encourage brotherhood among the members of the bar; and uphold and improve the adversary system and trial by jury".

We will strive to uphold the fundamental tenets of our constitution.

Please contact the STLA's Civil Jury Committee for additional information concerning this important issue.