Effective date: 06 October 2025
Purpose:
This Criminal Practice Direction sets out the procedure for applications to challenge for cause each potential juror under s. 638(1)(b) of the Criminal Code on the basis that they are not impartial.
Direction:
- This Practice Direction replaces Rule 2(7) of the Criminal Rules of the Supreme Court of British Columbia, SI/97-140, which is hereby repealed. The related Notice dated July 29, 1999, no longer applies.
- A notice of application for leave to challenge for cause each potential juror on the basis that they are not impartial must be filed and delivered to any other parties at least 60 days before the date set for the jury selection, unless the Court otherwise directs. This reflects the time the sheriffs require to assemble a sufficiently large jury panel.
- The notice of application must specify the grounds for the challenge in accordance with s. 639(1) of the Criminal Code, and the proposed question(s) to be put by the Court to each potential juror. Counsel are encouraged to consult in advance to try to reach agreement on the proposed question(s), and to limit the number of proposed questions to what is essential to identifying the lack of impartiality in question.
- Any evidence in support of the application must be in the form of an affidavit filed with the notice of application unless a different timeline is agreed to by the respondent or directed by the court.
Heather J. Holmes
Associate Chief Justice
Supreme Court of British Columbia