The race-based challenge for cause: Actual or virtual justice

While it is not the goal of this thesis to pursue the question in any depth of whether the jury pool can reasonably be said to be free of bias, a few comments are in order to demonstrate why this study is necessary.; Statistics are available which provide some insight into the nature of discrimination experienced by people of colour in Canada; an insidious form of racism that pervades many of our social institutions.; The reality is that racial bias has more than likely played an unfortunate role in our administration of justice, particularly in our jury process. It is likely that the presumption of juror impartiality and the absolute secrecy surrounding jury deliberations, traditionally fundamental principles of the Canadian practice, have played a key role in minimizing the scrutiny of the Canadian jury in the area of racial bias.; However, one of the most profound procedural changes to the Canadian system is the creation of the race-based challenge for cause.; This discussion will focus on an examination of the race-based challenge for cause procedure and the question of its inherent reliability as a mechanism for addressing racial bias in the jury selection process. (Abstract shortened by UMI.)...