140266 — ON-RESERVE REPRESENTATION, JURIES AT CORONERS' INQUESTS, TERRITORIAL DISTRICTS OF KENORA AND THUNDER BAY, O. Reg. 266/14

s. 1 — Purpose

The purpose of this Regulation is to provide for a pilot project in the territorial districts of Kenora and Thunder Bay to address the underrepresentation, on juries at coroners’ inquests, of persons who reside on reserves.

s. 2 — Application

This Regulation applies when,

s. 2(a)

an inquest is to be held in one of the territorial districts mentioned in section 1;

s. 2(b)

the Chief Coroner is of the opinion that following the procedure set out in sections 4 and 5 is desirable for the purpose of ensuring that the list from which jurors are selected for the inquest includes an appropriate number of persons who reside on reserves; and

s. 2(c)

the jury for the inquest is selected before December 31, 2020. ; ;

s. 3 — Definitions

In this Regulation,

s. 3 — on-reserve volunteer

“on-reserve volunteer” means a person who resides on a reserve in one of the territorial districts mentioned in section 1 and has volunteered to serve as a juror at an inquest; (“volontaire d’une réserve”)

s. 3 — reserve

“reserve” means a reserve as defined in the Indian Act (Canada). (“réserve”)

s. 4 — Expanded list of jurors

(1) In order to facilitate the achievement of the purpose of this Regulation, the Chief Coroner may direct the presiding coroner to expand the list provided by the sheriff under subsection 34 (2) of the Act by adding to it the names of on-reserve volunteers to be provided by the Chief Coroner as described in subsections (2) and (3).

s. 4(2) — Number of additional names

The Chief Coroner shall provide the presiding coroner with a sufficient number of names of on-reserve volunteers to make the ratio of A to B equal to the ratio of C to D, where,

A = the number of names of on-reserve volunteers;

B = the number of names on the list provided by the sheriff under subsection 34 (2) of the Act;

C = the number of persons who reside on reserves in the territorial district where the inquest is to be held;

D = the number of persons who reside in the territorial district but do not reside on reserves.

s. 4(3) — Same

If the Chief Coroner is unable to provide the full required number of names under subsection (2), he or she shall provide as many names of on-reserve volunteers as reasonably possible.

s. 4(4) — Available records

In providing names as described in subsections (2) and (3), the Chief Coroner may make use of any available record of persons who have volunteered to serve as jurors at inquests.

s. 4(5) — Residence in other territorial district

It is not necessary for an on-reserve volunteer whose name is provided under this section to reside in the territorial district where the inquest is to be held.

s. 5 — Selection and summoning by constable

When the presiding coroner directs a constable to select and summon jurors under subsection 33 (2) of the Act, the constable shall use the expanded list.

s. 6

Omitted (provides for coming into force of provisions of this Regulation).