August 9, 1917 (12th Parliament, 7th Session)


Charles Avila Wilson



I understand that
the " stand aside " number would be 48, and more if the presiding judge at the trial, upon special cause shown, so ordered. Those words, " upon special cause shown ", perplex me. When the Crown says, "stand aside", I would not dare, as an attorney for the defence, ask the Crown prosecutor what his reasons for that request were. 'That would not be proper. What reason would be given by the judge? He will have to give the reasons in public why he gives the Crown prosecutor the power and privilege to order a larger number than 48 to stand by. Would he give those reasons? No. The Crown prosecutor may represent to the court that about 50 of the 100 of the new jurors that are called are Liberals, and this is a Liberal case, and the judge may permit the Crown to extend the "stand asides" to 56 or 58. Or, take the reverse case and suppose they are Conservatives, how can <a 'Crown prosecutor give his reasons to the judge, except in camera, and how can the judge deliver those reasons from the Bench, to authorize the Crown to exercise that privilege in regard to the "stand aside"?

Topic:   P.C. 3060.
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