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Les diagrammes suivants illustrent la m^thode. 1 2 3 32X 1 2 3 4 5 6 Queen's Bench, Montreal. Mr. Justice Wurtele's Ihargefo the Irandlury, Monday^ 2nd Novemher, 1891. Gentlemfn of the Grand Jury: Courts of criminal jurisdiction are instituted for the p'7rpose of bringing wrong-doeis to punishment ; and the certainty that ju&tice is firmly administered has the eflfect of deterring others by the dread of punishment from com- mitting crimes, and is a guarantee to the community of tranquility and of security for person and property. But while wrong-doers must bj brought to punishment, every care has to be taken that innocent persons should not be lightly accused and subjected to the odium of a trial and the expense of a defence. While, therefore, the law of the land makes provision for the trial and punishment of offen- ders, it at the game time affords every protection to the innocent when falsely accused. No man can be put upon his trial for a crime laid to his charge until twelve good, true and loyal men of the couBtry, acting as grand jurors, have represented to the court that there is good ground of accusation against him; and no one can be punished for a crime of which he is accused until ho has been found guilty by the unanimous verdict of a petty jury, composed of twelve of his fellow-'. The grand jury is an appendage of the court and it assists in the administration of criminal justice by presenting offen-* ders for trial. It is the accusing body, but at the same time it stands as a barrier against the injustice of unfounded — 2 — prosecution*, and I for one would be loath to see this in- stitution abo'i^hed without the substitution in its p'ace of some other equally efficient safeguard. The que^tioQ of the expediency of the abolition of j^rand juries has rccent'y been brought to the attention of Parliament, and it is now being dif^eus<-ed in the press. The question is one of im- portance and worthy of serious consideration, and opinions arfi divided on the subject. I call your attention to the matter, and I would like to obtain an expression of your views, whether it seems to you desirable to abolish or to continue the system of grand juries. This has beea done by Ji number of grand juries in Ontario. To bring a wrong-doer to trial, a written accusation of the crime or offence laid to his charge is drawn up. It must set iorth with certainty the facts and circumstances essential to constitute the crime or offence, and if nust di- rectly charge him with having committed such crime or offence. This written accusation is called a bill of indict- ment. To avoid a failure of justice, the crime or offence in sometimes charged or described in ditl'erent way-; and each separate charge is called a count. Two or more per.-ons may be joined in one bill of indictment, when ilnry have all taken part in the commission of a crime or offence. The principal duty of the grand jury is to receive the biJs of indictment which are laid before them and enquire, upon their oaths, and asceitain by the efidecce submitted to tb:m, whether there is sufficient cause to call upon the accused to stand their trial. As the grand juty have only to enquire whether there is sufficient "round for calling' on the parties accused to answer the accusations brought against them, they hear only the witnesses for the prose- cutioD. A grand jury may tind that there is sufficient cause «s to the charge in one count of a bill of indictment and may ignore that in another, or as to one defendant and not as to another; but they cannot find a true bill as to — 3 — part jf a count Jind no true bill as to the remainder of the same count. When a bill of indictment has been thrown out, another bill apjainst the same person, for tho same crime or offence, cannot be preferred and found at the same term of the court, but t\ fresh bill of indictment may be preferred to and found by the trrand jury empanncllei ata Fubsequentterm. When a bill has been found, it tlien becomes and is called an indictment. The panel of a j.;rand jury is composed of 21 jurors; but the grand jury, when orj^anized, must not consist of more than 23, so that the 12 required to indict mjiy be a majority. In decidinp: upon a bill of indictment you must be per- suaded of itfl truth by the evidence submitted to you, and you should not rest satisfied with remote probabilities. The names of the witnesses whom it is intended to examine before the grand jury are endorsed on the bill of indict- ment and they, or such of them as maybe necessary, will be brought before you by the Crown Prosecutor, or the officer acting on his behalf. No others can be examined by you unpens upon the written order of the presiding judge. The witcesses are to be sworn, as they come into the grand jury room to be examined by your foreman, or by the juror who may for the time being act for him ; and your foreman, or such juror, will write his initials against the name, on the back of the bill of indictmebt, of each wit- ness sworn and examined touching such bill of indictment. Quakers and others who are exempted by law from the obli- gation of taking an oath may give their evidence after having made a solemn affirmation in accordance with the provisions of section 219 of the Criminal Procedure act. With this difi'erence, you will proceed with respect to these persons as in the case of other witnesses. If you think, after having herrd the evidence and deli- berated, that a charge is groundless, you will report that it is not a true bill j but if you are satisfied that the evi- dence adduced makes out a sufficient case, you will report — 4 — that it is a true bill, either in whole or as to certain counts or persoHS only. In the first case your foreman will en- dorse on the back of the bill ofindictment the words, *' No Bill,' and in the other case he will endorse upon its back the words, " A True Bill," addinji; the necessary limica- tioQ when you find the accusation founded as to certain counts or persons only. The finding in each case must bo si^ijned by your foreman, and he should write below his signature the designation of "Foreman." All bills of indictment upon which you come to a determination, and which are endorsed and signed as I have just mentioned, must be brought by you into the court and handed by your foreman to the Clerk of the Crown, who then, in your presence, states to the court and publicly announces the name of the accused, the charge and your finding. In making your enquiry you must act without fear, favor or affection, and the oath you have taken will remind you that your decision in all cases must not be influenced by hatred or malice. You are bound by your oath to keep the secrets of the jury room. You will readily understand that it would be mo^t improper and impolitic to disclose the opinions expressed by the various members of the grand jury and what particular persons concurred in or opposed the finding upon a bill of indict- ment. And, in fact, to disclose to an accused person the evidence which has been given against him would be con. sidercd a contempt of court on the psCVt of any one of you doing so, and would be punishable as huch. In proceeding with your investigations you have a right at all seasonable times to apply to the court, to the sub- stitutes of the law oflBcers of the Crown, or to the oflficers of the court, for advice; but such advice must be restric- ted to matters of law, for neither the court nor these officers can or should say to you that the facts as shown by the evidence are sufficient to authorize you to find a bill. That is left to your conscience and to your judgment, r> bearing always in mind, however, that the accused U not, on hia trial before you, and that what you have to seek is merely whether there appears at first si^ht to 1)3 suffi- cient ground to put the accused upon his trial. The officers prosecutin<^ on behalf of the Crown will lay the bills of indictment before you, and they and the officers of the court will marshal the witnessos and conduct their examination before you ; but yoi can yourselves put any (juestions you wish to tlie witnesses so produced, and can call and examine otlier witnesses, should you think it ne« cessary, obtaining, however, the presiding judge's order for any wliose names are not endorsed on the back of the bill of indictment. The counsel representing the Crown and the officers of the court a'on'^ have the ri^ht to be ad- mitted to your sittings; but they mnst not b^ present during your deliberations or when the vote is taken upon any matter before you. Any person may bring an accusation against another and recjuirj it to be investigated. Th-^ charge is generally made by laying a sworn information before a magistrate, who holds a preliminary examination and either commits the accused person for trial or discharges him. Sometimes, however, the charge is made by a private prosecutor to the grand jury, without having in the first phice laid an infor- mation before a magistrate, and he does so by preferring a bill of indictment before them; but you must not take cos:nizance of any bill of indictment so preferred unless the private prosecutor has first obtained the authorization of the court or of the presiding judge to lay it before you. Besides the duty of passing on the bi'ls of indictment which may be preferred before you, and which I have called your principal duty, you have several other functions. You have the right to take notice of any crime or offence for which no bill of indictment has been laid before you, of which you may have personal knowledge, or which may be made known to you by testimony given before you. lo >uch a case you initiate the proeoediujis by 'lenouncir'i^ tho crime or r (Tfnce in a proj-ontin-^nt, which you produce in open court and which is publicly read, and alUTwardrj file Clerk of the (^ruwri frames on thocliar^o an indictment, on which tlie person presented is brought to trial. Thtro is, however, a restricfion to this power, and that is that you luu^t obtain tho consent of the court or presiding judi,'e before pre-entiuLf any one for the following offencesj viz., perjury, subornation of perjury, co: spiracy, obtaining mo- ney or other property by faNe pretences, forcible entry or detainer, uuii-ance, keeping a di?orderly house, or indecent aF^ault, It is anothor of your functions to inspect the common jail and the female jail of the district for the purpose of exam- ining their -ecurity, panitary condition and discipline, and to enquire into the case of any person you may find impris- oned therein and not imdergoing a sentence, who has not been indicted or who, after having been indicted, has not been c uly brought to trial. You may also visit tho refor- matory prisons and schools and the public lunatic asylums in the district, and report to the court any facts in connec- tion with them to which you may deem it advisable to draw the attention of the provincial Government. Should it become known to you that any public officer has been guilty of misconduct in office, you may by your presentment call the attention of the proper authorities thereto. Should you be of opinion that any law for the general welfare of the community is not properly carried out, you may, by drawing public attention to the fact, obtain proper enforcement of the law. And in this connection I think that it will not be amiss to allude to an abuse which ie alkwed to exist in this city, and which is fraught with danger to foot passengers on our streets ; I mean the im- moderate and reckless driving and horse racing which so many persons indulge in, and which is not only a cause of fright but also the occasion of injury to many and, in some 1 -1- tta'-cSj cv( ii of (loath. Tlic.^c [n'Oplo buuui to fancy thai they are subject to no regulation and tliut foot past-erj^crs can only use the jublic striMts and hi!.':lnvays at their ri.-k iind [uri'. They .^hobld, however, know that fcot |>asFer>gorH have the ri^ht to j»a>s over inter^ectiPl:• .streets and to croj?s from one side of a »Mrict to the other, and that ])erM)D.s drivin<; or ridiig must tiike popcr care »iot to run them down. Ar^y injury done hy wiifuliiesB or by ne^ii^encc to a pedestrian who conducts himself with proper care, by a person drivinti or riding, may render such person amenabk' fo'' a niisdenieacor, and sonietimofi for a more eri^.us offcrc". Only a f«.w days a»io en old man was knocked down early in the evening at tlie intg or )idiig at a latc exceeding ^ix miles to the hour, or in a cart^less or ieekk\^s miiuner, and from driving or ridifg fast r ihau a walk wlicn com- ing out of a cross h>treet into a main or Icadijg street or in turning a corner. It i« provided by thivS by-law th^t it fcha 1 be the duty of the Chief of Police and the officers and mtn under his connnar'' to t-nfoice thcFe rules ; bit no effoit i- apjarenily mjde to cLfotce the by- law, which almost seeni'^ to have falleu into desuetude. In London, Paris or New-Yo»k, on a busy thoroughfare, it is enough for a loliccmsu to raise his hand to instantly ttop all circu'ation on thetrett; the ordrr given by the agent of 'he civic authority is at once obeyed in these largo gtics ; but here the order is disregarded and the - 8 — agent is reviled. Thiw diDuld not be ; tbo l>y-law ^Ilould be observed and the mtrabers of'tlic polic* force, while in the due cxereif'e ol' iheir duties, should b(! re«|ic'ctod and ujheld. 1 draw yctur attcnti(tu to this abuso, and I hope that a ropre^ntation on your part may iii'luc*; tl»e city council and the police authorities to take steps to abate it and lo ^ive to foot pa>Fcngc'rs the protection to which thry are entitled. And, lastly, all matters apperlaiLiD^ to the ]>roper ad- ministration of justice in this district are subjoct?^ of en- quiry by you and of comment or suggestion in your pi-e- sentment. I am pleased to be able to inform you that the number of bi'ls of indictment to be submitted to you is small and that, with the exception of one for the case of m\- slanghter to which I have a moment ago alluded, they are all for minor otfencc?. The form of indictments has been so simplitied that I can dispense witli an fxpla- naiion of the nature of the offences for which bills will be laid before you. If, however, you should require any information, you will^find me and the oflBcers of the Crown and of the court ready at all seasonable times to give you such explanations as you may desire. You will new retire to your rcooo to consider the bills of indictment which will be laid before you and to proceed to the fulfilment ff the other functions which appertain to your oflSce.