The following definitions apply in this Act. 1980, c.J-3.1, s.1; 1981, c.37, s.1; 1994, c.74, s.1; 2020, c.17, s.6; 2023, c.17, s.131
“Chief Sheriff” means the Chief Sheriff appointed under section 2 of the Sheriffs Act and includes any person designated by the Chief Sheriff to act on the Chief Sheriff’s behalf.(shérif en chef)
“civil proceeding” includes a civil cause or proceeding, inquisition, issue or inquest of office.(instance civile)
“clerk” means the clerk of the Court for the judicial district in which the proceeding is held and includes a deputy clerk.(greffier)
“Court” means The Court of King’s Bench of New Brunswick, Trial Division.(Cour)
“judge” means a judge of the Court or a person appointed to preside at the hearing of a civil proceeding.(juge)
“judicial district” means a judicial district prescribed under the Judicature Act.(circonscription judiciaire)
“juror” means a person sworn or affirmed as a juror under subsection 13(5).(juré)
“jury panel” means the persons summoned under subsection 8(1).(tableau des jurés)
“jury panel list” means a list prepared under subsection 9(1).(liste du tableau des jurés)
“proceeding” includes a civil proceeding and a criminal proceeding.(instance)
“sheriff” means the sheriff of the judicial district in which the proceeding is held and includes any person designated by the sheriff to act on the sheriff’s behalf. (shérif)
Except as otherwise provided, every resident of the Province who is 19 years of age or over and a Canadian citizen is qualified and liable to serve as a juror in any judicial district. 1980, c.J-3.1, s.2; 1981, c.38, s.1; 1983, c.4, s.12; 1994, c.74, s.3
The following persons are ineligible to serve as jurors: 1980, c.J-3.1, s.3; 1988, c.11, s.19; 1994, c.74, s.4; 1996, c.18, s.7; 2000, c.26, s.172; 2006, c.16, s.96; 2012, c.39, s.82; 2013, c.42, s.11; 2016, c.37, s.91; 2019, c.2, s.80; 2020, c.25, s.66; 2023, c.17, s.131
(a) members and clerks of the Senate and the House of Commons of Canada;
(b) members and clerks of the Legislative Assembly;
(c) judges of The Court of King’s Bench of New Brunswick, The Court of Appeal of New Brunswick and the Provincial Court of New Brunswick;
(d) solicitors and other officers of the courts;
(f) auxiliary police officers and auxiliary police constables;
(g) persons employed in the Department of Justice and Public Safety;
(h) persons employed in the office of the Attorney General of Canada, the Department of Justice (Canada) or the Department of Public Safety and Emergency Preparedness (Canada);
(j) ordained ministers, priests or members of the clergy of any faith or worship licensed to perform marriages in the Province;
(k) persons who are members of religious orders vowed to live only in a convent, monastery or other like religious community;
(l) duly qualified medical practitioners;
(m) duly qualified dental practitioners;
(n) veterinarians;
(o) members of His Majesty’s forces on active service;
(p) firefighters;
(q) consuls and consular agents; and
(r) persons convicted of an offence under the Criminal Code (Canada), the Food and Drugs Act (Canada) or the Controlled Drugs and Substances Act (Canada), unless they have obtained a pardon.
1980, c.J-3.1, s.4; 1994, c.74, s.6
The following persons may be exempted from serving as jurors: 1980, c.J-3.1, s.5; 1994, c.74, s.7
(a) a person who has served on a jury within the five years preceding the summons to serve on a jury;
(b) a person who is 70 years of age or over;
(c) a person who is unable to understand, speak or read the official language in which the proceeding is to be conducted;
(d) a person who suffers from a physical, mental or other infirmity that is incompatible with the discharge of the duties of a juror;
(e) a person for whom service on a jury would cause severe hardship because that person has the care during all or any part of the day of
(i) a child who is under 14 years of age,
(ii) a person who is infirm or aged, or
(iii) a person who is mentally incompetent; and
(f) a person for whom service on a jury would cause serious and irreparable financial loss because the proceeding is expected to last ten or more sitting days.
1994, c.74, s.8
Paragraph 5(d) does not apply to a person who suffers from a physical infirmity and wishes to serve as a juror who
(a) if aided would be able to see and hear adequately and to attend a proceeding in adequate comfort, and
(b) will receive the assistance of a person or device that the presiding judge considers adequate to enable the person to discharge the duties of a juror.
A person giving assistance under paragraph (1)(b) may, as directed by the presiding judge, attend with and assist the juror in all the proceedings, including the deliberations of the jury.
A person giving assistance under paragraph (1)(b) shall not comment on the proceedings and shall take part in the proceedings only by assisting the juror as the presiding judge directs.
1980, c.J-3.1, s.13; 1982, c.35, s.4; 1994, c.74, s.18; 2007, c.9, s.1; 2009, c.50, s.1
When a jury is required, the clerk shall immediately direct the sheriff to summon a sufficient number of persons from which the jury is to be selected.
Subject to subsection (3), the persons to be summoned may be selected
(a) at random, in accordance with the regulations, from the names of persons on a list provided for in the regulations who are apparently resident in the judicial district or the distinct part of it in which the proceeding is to be conducted, or
(b) if a list provided for in the regulations indicates the linguistic preference of the persons named on the list,
(i) in accordance with paragraph (a),
(ii) at random, in accordance with the regulations, from the names of persons on the list who are apparently resident in the judicial district or the distinct part of it in which the proceeding is to be conducted and whose linguistic preference, according to the list, is the official language in which the proceeding is to be conducted, or
The persons to be summoned may be selected under subsection (2) from the names of persons on the list who are apparently resident in a judicial district or a distinct part of it other than the judicial district or the distinct part in which the proceeding is to be conducted if
(a) the sheriff considers it necessary in order to summon a sufficient number of persons from which to select a jury, and
(b) the selection process complies with subsection (2) in all other respects.
Any person who has the control or custody of a list referred to in subsection (2) shall make the list or a copy of it available to the Chief Sheriff at all reasonable times, and if the list is in the form of a computer database, the person shall permit the Chief Sheriff to access the database at all reasonable times.
The Chief Sheriff shall provide the information from a list referred to in subsection (2) to the sheriff for the purposes of the selection under subsection (2).
1994, c.74, s.19
Within a reasonable time before the day on which a person is to attend the hearing of a proceeding, the sheriff shall serve a summons, in the form prescribed by regulation, to each person selected under subsection 7(2)
(a) by sending it by ordinary mail, registered mail or courier, or
(b) by giving it directly to the person or by leaving a copy of it at the person’s residence or place of business with someone who is at least 16 years of age.
A person summoned under subsection (1) shall complete a juror’s certificate, in the form prescribed by regulation, and return it to the sheriff in the manner and at the time provided for by regulation.
A person may make an application to the sheriff, in the form prescribed by regulation, to be relieved from serving as a juror and shall return it to the sheriff in the manner and at the time provided for by regulation.
If the sheriff refuses to grant relief under subsection (4), the person may
(a) appeal to any judge of the Court before the date on which the person is summoned to attend for selection of the jury, or
(b) appeal to the presiding judge at the time of the selection of the jury.
If an appeal under paragraph (5)(a) is successful, the clerk shall inform the sheriff that the person is relieved from serving as a juror.
Except as otherwise provided by an Act of Canada, no challenge shall be made to the selection of a jury panel in a criminal proceeding on the ground that the person selecting the jury panel is related to a party to the proceeding, and the jury panel shall not be quashed on this ground.
1994, c.74, s.19
The sheriff shall prepare or cause to be prepared a jury panel list, in the form prescribed by regulation, of the persons who have been summoned and shall deliver a copy of the list to the clerk.
In preparing the jury panel list, the sheriff shall endeavour to omit or remove the names of persons who, in the opinion of the sheriff, are
(a) not qualified under section 2,
(b) ineligible under section 3, or
(c) eligible for exemption under section 5.
On payment of the fee prescribed by regulation, a party to a civil proceeding may receive a copy of the jury panel list.
A party to a criminal proceeding may receive a copy of the jury panel list without charge.
No person other than a party to a proceeding shall use the jury panel list.
No party to a proceeding shall use the jury panel list except for the purposes of the proceeding.
1994, c.74, s.19
A party to a civil proceeding may challenge the selection of the jury panel on the ground that the sheriff exercised partiality or was fraudulent with respect to or wilfully misconducted the selection or summoning of the jury panel.
The presiding judge may require that a challenge under subsection (1) be made in writing.
The presiding judge shall determine whether or not the ground of the challenge is true and, if satisfied that it is true, shall direct that a new jury panel be summoned.
No challenge shall be made to the selection of a jury panel in a civil proceeding on the ground that the person selecting the jury panel is related to a party to the proceeding, and the jury panel shall not be quashed on this ground.
The insertion of the name of an unqualified person in a jury panel or any error in description is not a ground for challenge to a jury panel.
At the time of the selection of the jury, the presiding judge may 1994, c.74, s.19
(c) on the appeal of any person for exemption under paragraph 8(5)(b) or on the application of any person for exemption, grant the exemption on being satisfied that the person is eligible for exemption.
1994, c.74, s.19
When the jury panel is not challenged or the jury panel is challenged but the judge does not direct a new jury panel to be summoned, the clerk shall select at random one at a time, in accordance with the regulations, from the remaining names on the jury panel list a sufficient number of names to provide a full jury, after allowing for challenges.
After each name is selected, a party to the civil proceeding may challenge the selection in accordance with the provisions of this Act.
The presiding judge may require that a challenge under subsection (2) be made in writing.
The presiding judge shall determine whether or not the ground of the challenge is true and, if satisfied that it is true, shall direct that the person be discharged.
The clerk shall swear or take an affirmation from each member of a jury.
If the number of persons on the jury panel who are in attendance is insufficient or is so reduced by exemptions, challenges or persons who are not qualified under section 2 or ineligible under section 3 as to be insufficient to select a full jury, additional persons shall be summoned immediately to be included on the jury panel.
If it is considered necessary by the sheriff, persons may be summoned under subsection (6) by word of mouth.
If at any time it appears to the presiding judge that the persons forming the jury panel will not all be required, he or she may discharge any or all of the persons he or she considers unnecessary.
At any time during the hearing of a civil proceeding, the presiding judge may discharge a juror or jury from further attendance. 1980, c.J-3.1, s.23; 1994, c.74, s.31
In a civil proceeding, the jury shall consist of seven persons. 1980, c.J-3.1, s.24; 1994, c.74, s.32
1980, c.J-3.1, s.28; 1994, c.74, s.39
In a civil proceeding, unless peremptory challenge is allowed, the plaintiff and the defendant, and the third party if there is one, each have the right to challenge peremptorily three of the jurors as they are selected, which shall be admitted by the presiding judge.
Subsection (1) does not
(a) affect any other right of challenge any of the parties has, or
(b) give a party that consists of several persons a right to challenge peremptorily more than three jurors.
1980, c.J-3.1, s.29; 1994, c.74, s.40
The jury may retire to some comfortable place under the direction of the presiding judge to consider their verdict or an answer to any question submitted by the presiding judge.
The former practice of keeping a jury without food, drink or any other comfort until they agree on their verdict is abolished.
1980, c.J-3.1, s.30; 1994, c.74, s.41
If in a civil proceeding the jurors cannot agree in all respects on a verdict within three hours, at least five of the jurors may return a verdict with respect to the proceeding or to any issue of fact in the proceeding, and the verdict or finding of fact is as binding and of the same effect as if it was the unanimous decision of the entire jury.
The presiding judge shall direct the jury as to the provisions of subsection (1) before the jury retires for the first time to consider their verdict.
The provisions of this section also apply when the presiding judge submits a question to the jury.
1980, c.J-3.1, s.31; 1994, c.74, s.42
If the presiding judge considers that it is necessary, he or she may order the jury to have a view of any place, thing or person, and shall give directions respecting the manner in which, and the persons by whom, the place, thing or person shall be shown to the jury, and may for that purpose adjourn the proceeding.
If the presiding judge orders a view under subsection (1), he or she shall give any directions that he or she considers necessary to prevent undue communication by any person with the jurors, but failure to comply with any directions given under this subsection does not affect the validity of the proceeding.
The presiding judge may make any order respecting costs of the view that he or she considers appropriate, but the costs of the view shall not be taxed except by order of the presiding judge.
1980, c.J-3.1, s.32; 1990, c.60, s.2; 1994, c.74, s.44; 2008, c.43, s.9
When a jury is required for an inquisition before a sheriff or other officer, except in the case of a coroner’s inquest, the sheriff or, if the sheriff is related to any of the parties or is otherwise interested, any other sheriff
(a) shall summon a sufficient number of jurors to form a jury, allowing for peremptory challenges under section 16, and
(b) if it appears at any time that additional jurors are required to form the jury, shall summon additional jurors.
The jurors shall be summoned in like manner, as far as possible, as jurors in other cases and are liable to the same penalties and entitled to the same fees, allowances, expenses and immunities as in other cases.
1980, c.J-3.1, s.33; 1985, c.4, s.36; 1994, c.74, s.45; 2023, c.17, s.131
Any party in a civil proceeding pending in The Court of King’s Bench of New Brunswick, which proceeding permits or requires that it be tried by a jury under the Judicature Act or the Rules of Court, may have the proceeding tried by a jury in accordance with that Act or the Rules of Court.
Except as may be otherwise provided in this Act, the provisions of this Act relating to the arrangement for and the conduct of jury trials in other cases apply to civil proceedings as are envisaged by subsection (1).
A juror attending a jury trial may be paid fees, allowances and expenses in accordance with the regulations. 1980, c.J-3.1, s.37; 1990, c.60, s.3
1980, c.J-3.1, s.38; 1994, c.74, s.51; 2019, c.29, s.77
Following the completion of a jury trial, the clerk shall without delay prepare a list, certified by the clerk, showing the names of the jurors who attended the hearing of the trial, the number of days each juror attended, the distance each juror travelled and the amount each juror is entitled to receive.
The clerk shall without delay deliver the list to the Minister of Finance and Treasury Board.
On receiving the list, the Minister of Finance and Treasury Board shall without delay pay to each juror the sum to which the juror appears to be entitled by the list, out of the Consolidated Fund.
Nothing in this Act precludes payment to a juror of a sum to which the juror appears to be entitled during the course of a jury trial that extends for more than five sitting days, and in the event that a juror is to be so paid, the provisions of subsections (1) and (2) apply with the necessary modifications.
1994, c.74, s.57
The Chief Sheriff may designate in writing any person to act on the Chief Sheriff’s behalf for the purposes of this Act and the regulations.
A sheriff may designate in writing any person to act on the sheriff’s behalf for the purposes of this Act and the regulations.
A written designation under subsection (1) or (2) is effective for the period stated in the designation unless revoked by the Chief Sheriff or sheriff, as the case may be, before the expiration of the period, and when no period is stated the written designation is effective until revoked by the Chief Sheriff or sheriff, as the case may be, or the person ceases to be employed in the position that the person held at the time of the designation.
A document that purports to be a certificate of the Chief Sheriff or sheriff, as the case may be, under subsection (4) may be adduced in evidence and when so adduced is, in the absence of evidence to the contrary, proof of the statements in the certificate without proof of the appointment, signature or authority of the person purporting to have signed the certificate.
When the signature of the Chief Sheriff or sheriff, as the case may be, is required for any purpose of this Act or the regulations, the signature may be printed, stamped or otherwise mechanically reproduced. 1994, c.74, s.57
1980, c.J-3.1, s.34; 1994, c.74, s.46
A person summoned to serve as a juror who fails to obey the summons or a juror who fails to attend the hearing of a proceeding and does not show reasonable excuse for the failure to the presiding judge is in contempt of court, and the presiding judge may impose a fine not exceeding $1,000 or any other penalty that a judge of the Court may impose in contempt proceedings.
Before being found in contempt of court under subsection (1), a person who failed to obey the summons or a juror who failed to attend the hearing of a proceeding shall be summoned to appear before the presiding judge to explain the failure.
1980, c.J-3.1, s.35; 1994, c.74, s.48
If a person on whom a fine is imposed under section 26 does not pay the fine within 30 days after the imposition of the fine, the clerk shall enter judgment against the person for the amount of the fine.
A judgment entered under subsection (1) may be enforced against the person for a debt of the amount specified in the judgment.
1994, c.74, s.49
The clerk may issue a notice of judgment and cause the notice to be registered with the registrar of deeds for the county or counties in which the person on whom a fine was imposed under section 26 owns real property.
When registered with the registrar of deeds, the notice of judgment constitutes a lien for the amount of the fine under section 26 against all the real property of the person that is located in the county or counties in which the notice of judgment was filed.
A lien under subsection (2) ranks equally with a lien under subsection 26(1) of the Revenue Administration Act.
1994, c.74, s.49
The clerk may issue a notice of judgment and cause the notice to be registered in the Personal Property Registry in accordance with the regulations under the Personal Property Security Act.
When registered in the Personal Property Registry, the notice of judgment constitutes a lien for the amount of the fine under section 26 against all the personal property of the person on whom the fine was imposed.
A lien under subsection (2) ranks equally with a lien under subsection 26(1) of the Revenue Administration Act.
No person shall knowingly
(a) make a false declaration in an application under subsection 8(3), or
(b) otherwise claim to be not qualified, ineligible or exempt for the purpose of avoiding serving as a juror when no reason for that claim exists.
A person who violates or fails to comply with subsection (1) commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category H offence. 1980, c.J-3.1, s.39, 1990, c.61, s.69; 1994, c.74, s.52
The following persons shall not, at any time during the period after the jury panel has been drawn until the trial has been terminated, knowingly, directly or indirectly, speak to, correspond with or in any manner communicate with any member of the jury panel, except as provided in Part XX of the Criminal Code (Canada):
(a) an accused person who elects trial by judge and jury;
(b) a person acting on behalf of the accused person with or without the accused person’s consent or knowledge; or
(c) counsel for the defence or prosecution, or agent of the counsel.
A person who violates or fails to comply with subsection (1) commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category I offence. 1982, c.35, s.6; 1990, c.61, s.69; 1994, c.74, s.54
A member of a jury panel or a juror shall not, at any time during the period after the jury panel has been drawn until the trial has been terminated, speak to or consult with the following persons respecting a proceeding for which the member or juror was summoned, or any matter or thing relating to the proceeding, except as provided for in Part XX of the Criminal Code (Canada):
(a) a party to or a person interested in the proceeding; or
(b) counsel for the party or person referred to in paragraph (a), or agent of the counsel.
A person who violates or fails to comply with subsection (1) commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category I offence. 1994, c.74, s.55
A person who violates or fails to comply with a provision of this Act or the regulations in respect of which a category has been prescribed under paragraph 35(l) commits an offence of the category prescribed by regulation. 1994, c.74, s.55
The Lieutenant-Governor in Council may make regulations 1980, c.J-3.1, s.40; 1990, c.60, s.4; 1994, c.74, s.56
(a) respecting the selection of persons to a jury panel;
(b) respecting the information to be provided to the sheriff by a person summoned for jury service;
(c) respecting the recording of information relating to persons on a jury panel;
(d) respecting lists referred to in subsection 7(2);
(e) respecting the manner and time for returning a juror’s certificate under subsection 8(2);
(f) respecting the manner and time for returning an application to be relieved from serving as a juror under subsection 8(3);
(g) respecting the division of judicial districts into distinct parts;
(h) respecting the selection of persons from the jury panel to provide a jury;
(i) respecting forms;
(j) respecting fees, allowances and expenses;
(k) respecting the use of electronic computer equipment for the purposes of this Act;
(l) respecting the commission of offences for violating or failing to comply with any provision of this Act or the regulations and prescribing in respect of those offences the categories of offences for the purposes of Part 2 of the Provincial Offences Procedure Act.