Thank you to Advocatedaily.com for this piece [to read in its entirety click here]
Toronto criminal lawyer Graham Clark says it is time for Canada to amend its Criminal Code to change the legislation’s strict requirement of juror silence to determine if they may be accessing extrinsic information.
“I would support that,” he tells Law Times.
“I’m not sure the benefits [of the current rules] outweigh the costs. The costs of what we don’t get to find out are too high.”
Clark weighs in on the issue in connection with a recent case in the Ontario Court of Appeal, R. v. Farinacci, 2015 ONCA 392 (CanLII), which centred on the issue of jurors accessing information about the defendant that isn’t part of the evidence presented at trial.
…[As noted above, the entire piece is here]