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-r^-^p— V- 
 
Court of Queen's Bench, 
 
 Crown Side, Ottawa. 
 
 Mr. Justice Wurtele's 
 
 Shargefothe Brand lurg, 
 
 Saturday^ lO^/i December^ 1887. 
 
 Gentlemen of the Grand Jury : 
 
 The time having arrived for the wiater term of the 
 court for the trial of iodiotable offeDces committed ia this 
 district, you have bcfo summooed aod impaoDelled to form 
 the Grand J ury . 
 
 It is one of the duties of the governmeot, or to use the 
 accepted term, of the crown, to see that the laws are res- 
 pected and that those who commit offences are projtcuted 
 and puDi^hed; and all necessary power has been given to 
 the law officers of the Crown and their substitutes for that 
 purpose. But as this power, ^f exercised without control, 
 might be abused and become dangerous, it has been con- 
 trived, and it is a fundamental rule of our law, that no 
 man cun be called to answer to the Crown for any crime 
 or Ferious offence unless upon the preparatory accusation 
 of twelve at least of his fellow- subjects, and that the truth 
 of eveiy Buch accusation should afterwards be confirmed 
 by the unanimous verdict of twelve other inhabitants of 
 the district, indifferently chosen and free from all sus^ ion. 
 
 The Crown therefore submits all accusatious to the 
 grand jury, who inquire in each case whether there is 
 sufficient ground to put the accused on his trial ; and when 
 the grand jury find that there is a sufficient case, the Crown 
 next places the accused on his trial before a petit jury, 
 who, after every opportunity for a full defence and after 
 
— 2 — 
 
 a full cDfjuirj, pass ujon the truth of the accusation. 
 The accusations will be taken before you by th^ substitutes 
 of the Attorney General or the officers duly appointed to 
 prosecute on behalf of the Crown. 
 
 Each accusation is reduced to writing and sots forth 
 succir-ctly, but with c* rtaiuty, the fact-s and circumstances 
 essential to corsrtitute the crime, and directly charges the 
 accused with having comncitteu it. 
 
 When this document is preferred to you, it is called a 
 bill ; and when you may finu the charge founded, it be- 
 comes an indictment. 
 
 Every bill is signed by the Attorney General or one of 
 hir substitutes, and by the clerk of the Crown, to prevent 
 nnauthorized alterations after it has been found; and 
 the names of all the witnesses whor it is intended to bring 
 before you to be examined in support of a bill are en- 
 dorsed on its back. 
 
 The officers prosecuting on behalf of the Crown and the 
 clerk and other sitorn officers of the court have alone <he 
 right to be present in your room during the examination 
 of the witnesses, and may conduct the (xamination. 
 
 The witnesrcs produced must be sworn before being 
 examined, and the oath should be administered either by 
 your foreman or by any of you who in his absence may 
 act on his behalf; and yoi^r foreman or such other mem- 
 ber of the grand jury must write his initials against the 
 name endorsed on the bill of each witness sworn and exa- 
 mined touching such bill. You must examine no witness 
 whose name has not been either endorsed on the bill or 
 submitted to you by the officers prosecuting on behalf of the 
 Crown unless a written order to that iffect bo given by 
 the presiding judge. 
 
 Upon the conclusion of the whole evidence in each case, 
 all persons not members of the grand jury must with- 
 draw ; and you will then deliberate and decide whether or 
 not you find the accusation justified. 
 
— 3 — 
 
 casr, 
 with- 
 ler or 
 
 As regards bills lal J Leforo a grand jury, its fuuctioa is 
 merely to inquire whether there is sufficioat ground to 
 call upon the accused to anbwcr theaccufa^ion and to put 
 him on his trial, and you therefore hear evidence only in 
 support of the charge and not in rxculpation of the accused. 
 It is not the province of grand jurors to ^uc whether there 
 is any kgaldi fence to benipde to an accuhLtion ; and really, 
 if you heard evidence for the defence and, notwithstanding 
 such exculpatory evidence, you decided to put an accused 
 person on his trial, you wou'd raise a presumption of guilt 
 which might bias the minds and affect the impartiahty 
 of the petit jurors who would afttrwaids be called upon 
 to try him. 
 
 However, if you fchould be uuab'e from the evidence 
 adduced to eati^fy yourselves fufficitntly to arrive at a 
 decision, and you should have reas-on to know that there 
 is other evidence within your reach which would qualify 
 or explain away the chaige under iDvest]gation,you have 
 the right, and in fact it would be your duty, to seek the 
 authorization of the prc^idiLg judge for the production of 
 such other evidecce. 
 
 If after due deliberation twelve of your body are of opi- 
 nion that the evidence submitted is sufficient, and they are 
 satisfied as to the truth of an uccui^ation, you will find the 
 bill, and your foreman will endorse it with the words ** A 
 True Bill '* and sign his name under those words, adding 
 under his signature the word ** Foreman," • to describe 
 his office. If, however, on the contraiy, you think that 
 an accusation is groi'tidlc^s, or cither frivolous or malicious, 
 and a majority of you agree to rejoct the bill, your fore- 
 man will endorse it with the words " No Bill " and then 
 sign his name and write after his signature the title of his 
 office as in the other case. 
 
 When you have disposed of a bill, you will bring it into 
 court and here deliver it to the clerk of the Crown who in 
 your presence, in open court, will announce your finding. 
 
— 4 — 
 
 When a bill has been rejected or ignored, acother bill 
 against the same person , for the same offence, cannot be 
 found at the same term by the grand jury ; but fresh bills 
 may be preferred to the grand jury at a subsequent term. 
 
 Although ordinarily a prosecution originates by a bill 
 of indictment preferred in the name of the sovereign, still, 
 when to your own knowledge a crime or an offence has 
 been committed, you may and in fact you are bound to 
 take notice of it without any bill of indictment being laid 
 before you. This knowledge must be derived from your 
 own observation or incidentally from testimony given be- 
 fore you, as for instance while inquiring into another of- 
 fence. In such ea^es you proceed by presentment, that is 
 to say, by a report to the court of the case, setting forth the 
 facts and circumstances constituting the crime or offence 
 and charging the offender with its commission. Like an 
 indictment, a presentment must be concurred in by twelve 
 at least of the grand jury. On such a presentment being 
 made the officers prosecuting on behalf of the Crown frame 
 an indictment on it, and the person accused is then 
 arraigned and put on his trial. 
 
 The calendar or list of cases for the present term, which 
 the clerk of the Crown has transmitted to me, is very light, 
 and although some of the offences are serious ones, none 
 of them call for any special notice on my part or require 
 me to give you any particular instructions. 
 
 You have the right, at all reasonable times during the 
 discharge of your duties, to apply to the court for advice; 
 and should any occasion arise during vrhich you may 
 require advice you will find me ready to assiot you. Of 
 course such advice must be restricted to matters of law. 
 You have to take the law from the court and you must 
 be guided in all questions relating thereto by the court, 
 but the court can and should neither direct nor control 
 you in weighing the evidence or in deciding whether or not 
 the facts as shown by the evidence are i^ufficient to autho- 
 
— 5 — 
 
 rize you to find a bill. You may also apply to the clerk 
 of the CrowD and to the officers prosecutiog on behilf of 
 the Crown for advice on questions of law or of procedure 
 which may arise during your procecdiD^b. 
 
 It is the province of t tie court to see that you perform 
 your duty and exercise your powers in a legal mauner and 
 to direct you to that end, Itut the court neither keeps your 
 conEcience nor should cootrol you in finding facts, or 
 exercise any influence for that purpose. 
 
 The ciilendar ^speaks well for the general gord behaviour 
 of the inhabitants of thi.'^ district during the past half 
 year, and I am happy to be able to congratulate you upon 
 the state of the district generally. 
 
 The oath which you hare just taken will have strongly 
 impressed upon you, too, amongst other obligations which 
 lio upon you as grand jurors : — one, to preserve inviolate 
 the secrets of the grand jury room, and th6 other, to act 
 in the fulfilment of your duties without envy, hatred or 
 malice, and without fear, favor or affection or hope ot re- 
 ward. The interests of justice do not require that it should 
 be disclosed what particular jurors concurred in or opposed 
 the findings of an indictmeni, while the feeling that every- 
 thingr which takes place in the grand jury room is under 
 the obligation of secrrcy muj-t produce a sense of security 
 and an independence of action on the part of the jurors 
 which might otherwise be wanting. But the interests of 
 justice and good conscience require that every action and 
 every d(cision of the grand jury should be produced by 
 the dictates of duty, a strict discrimination between right 
 and wrong, and the exercise of impartiality. And in this 
 connection there is one thing which I feel it my duty to 
 impress upon you, — it is to ignore all party division, to 
 suppress all political feeling or bias, and in acting on bil's 
 laid before you to close your eyes as regards the indivi- 
 duality of persons and to scrutinize only their acts. You 
 must not allow yourselves to be approached on any matter 
 
— 6 — 
 
 coDDCcfed willi your duties- by ary outside party. Such 
 cooduct Tvould in fact conj-titutc a <;rave offence v»hich tlie 
 court would liavG to notice and puni.-h if brought to its 
 knowledge. 
 
 AnothcT duty you will be called on to fulfil will be to 
 visit the cornmon jai' of the district and the court houbo 
 and other pub'ic buildiuj^s, iind to report on thiir condition. 
 If you hhould find in ihc jsil any prisoner who is tot ser- 
 v'lnn out a ttrm of punishment, and against whom co 
 action has? been taken, you should draw the attention of 
 the court to his case, so that the court may deal with it 
 as may be proper. 
 
 Should it come to your knowledge that any public 
 ofl5cer in the district wilfully and corruptly misconducts 
 himself in the execution of his official duties, it will be 
 your duty to mention the fact in your presentment, so as 
 to draw the attintion of the authorities to the matter. 
 
 The state of all municipal roads, and the proper work- 
 ing of the municipal and common school systems in the 
 district also come un'ier the ^eope of your observation, and 
 for the general good are all fit subjects for comment and 
 suggestion in your presentment. 
 
 I have heard many complaints respecting the office 
 provided by the corporation of the county of Ottawa for 
 the county registry office, and I think it right to direct 
 your attention to this matter. It must not be overlooked 
 that the titles of the freeholders of the county and other 
 important interests may be seriously imperilled by the 
 condition of the registry cffice, and that matter is therefore 
 one which in the public interest thould be inquired ioto 
 and brought under the notice, if necessary, of the proper 
 authorities' 
 
 While on the subject of the public buildings, I take the 
 opportunity to express my satisfaction at the improvments 
 which the city council of Hull have made in the rooms 
 appropriated for the circuit court held in their city. 
 
— 7 — 
 
 In concluding Ut me tell you that in order to allow you 
 to difcliargrc your duties in a frarlcs*^ inanccr you are en- 
 tirely irrcFponaiblc for your acts as grand jurorH and that 
 DO action or prosecution can hi taken against any of you 
 for any of your official acts or for any of your findings ; 
 and Itt mp also remind you that the obligation of secrecy 
 will preserve yo^i from all obloquy or reproach when you 
 mingle again with your fellow citizens. 
 
 Vou will now retire to your room and attend to the 
 duties of your office. 
 
 0), ,(-: 
 
 T^-'-^^^^ 
 
Commercial Printing House, 
 
 1488 Notre Dame St., 
 
 montreal. 
 
 I I 
 
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