Although the Alberta High Court has lifted its vaccination requirement for future jurors this week, one of the people accused of the Coutts border blockade says he still fears “bias” as judges are still entitled to assessment to require a fully vaccinated jury.
Joan Pearson, 62, is accused of dangerous work with a motor vehicle, possession of a weapon and mischief of more than $ 5,000.
She appeared in court in Lethbridge on Monday and told the judge she chose to be tried by a “judge and jury of my peers”.
The person representing him then raised concerns about the composition of his jury.
“This protest, which took place, was against vaccination mandates,” she told provincial court judge Sylvia Oishi. “Insisting on a vaccinated jury would dismiss my case.”
Judges will still have a discretion
On Monday, the court’s executive legal adviser, Daryl Ruther, told CBC News that a change in the jury’s selection process was announced.
As of Thursday, the court removed the requirement for potential jurors, who are currently required to present their QR codes and identity documents during the selection process.
However, judges will have the discretion to require a jury composed only of vaccinated people for safety reasons, Ruther said.
The composition of the jury is very important for the fairness of the trial, said defense attorney Gavin Walch, who led the jury trial during the pandemic.
“We assume that jurors can act impartially”
Walch says he can assess Person’s concerns and says this is a unique situation where “public health concerns oppose the feeling that there is a truly impartial jury.”
“The other side of the coin is that we assume that jurors can act impartially,” Walch said.
“We assume that the jurors can follow the instructions and that the judge would instruct the jurors in this situation to reject personal beliefs and approach the accused with an open mind.”
An option to address the Person’s concerns may be to apply for questioning of potential jurors during the selection process to confirm that they do not hold beliefs that could divert their reasoning.
A person and 13 others were charged following an RCMP attack with trailers on February 14, when officers seized weapons, bulletproof vests, large quantities of ammunition and high-capacity firearms cartridges.
Again and again, the blocking of the busy border crossing by people who oppose the COVID-19 health restrictions lasted more than two weeks, but ended the day after the arrests.
Served “in public and at home”
Person told Oishi that she had faced attacks in public and at home over media coverage of the case and the arrests.
Several media outlets have come together to apply for access to the ITO (Receipt Information), which is an application prepared by the police to provide search warrants.
They contain preliminary evidence and information gathered by the police used to justify search warrants.
The person said she would oppose the release of ITO in connection with searches of her home and nearby trailers.
“I would like the media ban to continue,” she said.
The media statement will be heard next month.
Accused of violating the RCMP blockade
The person is accused of violating the RCMP blockade on February 1 in Milk River, Alta., Driving down the wrong highway before colliding head-on with another vehicle.
Her other allegations relate to alleged activities in the border blockade.
Most of the 14 defendants are accused of an accident involving property worth more than $ 5,000 and possession of a weapon.
Four also face additional charges in a murder plot for alleged plot to kill RCMP officers.
All the men accused of conspiracy to kill – Chris Carbert, Christopher Lisak, Anthony Olinick and Jerry Maureen – remain in custody.
They will be tried together, but a trial date has not yet been set.
Both Carbert and Lisak have ties to a group of white supremacists.
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