Blog Nathan Afilalo

Drifting With Some Purpose in the Waters of Canadian Bijuralism

Nathan Afilalo, you are bilingual and have studied both Civil Law and Common Law at McGill University. You have just been called to the Ontario Bar and are preparing for your Quebec Bar exam. You seem to be the perfect example of Canadian bijuralism! What made you choose this specific path? I first applied to […]

Appreciating the Role of Emotions in the Court Room

The judges at the Montreal Palais de Justice have to be commended for their commitment to the training and education of law students. The Court accepted 12 candidates from CIAJ’s judicial internship program despite the difficult circumstances caused by the COVID-19 pandemic. Considering the social distancing protocols put in place at the court, one could […]

Why We Should Continue to Inquire Into Jury Representation

Over the last year, CIAJ has hosted four Roundtables that brought together actors of the justice system to talk about the under-representation of Indigenous Peoples on criminal juries. The study of systemic discrimination in the context of juries and jury selection is not new, and the problem persists.

The Jury’s Own Voice

The jury is said to be the conscience of a community (R v Sherratt). As the representatives of the public and the arbiters of culpability, jurors democratize criminal trials. Given the importance and authority accorded to that body, any changes to the law that determines how the jury is composed demands attention. In anticipation of […]

Better Representation on Criminal Juries

Canada’s jury selection process does not have a storied history. Both the federal and provincial processes have been found wanting, particularly as they concern the representation of Indigenous People and racialized minorities on juries for criminal trials. Public scrutiny has most recently turned its eyes upon peremptory challenges. Provided for in s.634 of the Criminal […]