Top court uphold Crown's right to vet potential jurors

The Supreme Court of Canada building in Ottawa. (JOHN MAJOR/QMI Agency Files)

The Supreme Court of Canada building in Ottawa. (JOHN MAJOR/QMI Agency Files)

QMI Agency

, Last Updated: 11:58 AM ET

OTTAWA — The Supreme Court on Friday rejected the appeal of cop-killer Troy Davey and other convicted murderers who argued jury vetting by the Crown amounts to a miscarriage of justice.

Davey was convicted of first-degree murder for the 2004 killing of Const. Chris Garrett of Cobourg, Ont. Ibrahim Yumnu, Vinicio Cardoso and Tung Chi Duong were convicted of first-degree murder for the 2005 killing of a former drug associate and his wife north of Toronto.

They argued they didn't get a fair trial because the Crown asked police to conduct background checks of potential jurors.

On Friday, the Supreme Court affirmed the right of police forces to continue the practice, but the Crown must share relevant information about those background checks with the defence.

In the absence of provincial rules outlawing the practice, "authorities should be permitted to do criminal record checks on potential jurors to determine whether they are eligible to serve as jurors," the court ruled.


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