Criminal Appeal

The Role of Jury Selection in Calgary Criminal Trials

Khalid Akram · February 11, 2026 ·

Key Takeaways

Jury selection helps ensure a trial is decided by fair and impartial jurors.
In Calgary, both Crown and defence play a role in screening jurors for bias.
Jurors can be excused for valid reasons such as hardship or conflict of interest.
Jury selection can influence how evidence is viewed and how a case is understood.
An experienced criminal defence lawyer uses jury selection to reduce unfair assumptions and protect your rights.

Why Jury Selection Matters in Calgary Criminal Trials

First Impressions Start Before the Trial Begins

In Calgary criminal trials, first impressions begin long before opening statements. Jurors start forming opinions the moment they hear the type of charge, the basic facts, or even the nature of the allegations. Sometimes, a juror doesn’t realize they are doing it. It happens naturally.

That is why the jury’s background matters. People interpret evidence differently depending on their experiences and beliefs. For example:

Someone who has been a victim of violence may view an assault allegation more emotionally.
Someone who strongly trusts police may assume officers “must be right.”
Someone who has strong views about alcohol, drugs, or nightlife may judge a case differently if it involves bars, parties, or impaired driving allegations.
Someone who has worked in security, enforcement, or emergency services may bring strong opinions into the courtroom, even unintentionally.

The jury’s background affects how they interpret evidence

In many Calgary cases, the jury is asked to make decisions based on evidence that is not perfect. Witnesses may disagree. Video footage may be unclear. Memories may change. Police notes may leave gaps.

Jurors must still decide what they believe. Their background can affect:

how they judge credibility
who they think is more “trustworthy”
whether they expect someone to act in a certain way
how they interpret fear, stress, or self-defence behaviour

Explain that bias can be conscious or unconscious

Bias does not always look like someone saying, “I can’t be fair.”

Bias can be:

conscious
This is when a juror openly recognizes they have a strong opinion, such as believing certain offences should always lead to conviction, or feeling they could never be neutral in a specific type of case.
unconscious
This is more common, and it can be harder to spot. A juror may genuinely believe they are fair, while still holding hidden assumptions about certain people, behaviours, lifestyles, or communities.

Unconscious bias can show up in subtle ways, such as:

believing a person “looks suspicious”
assuming someone must be guilty because they were arrested
placing more trust in uniformed authority figures
expecting a “perfect victim” or a “perfect accused”

Defence lawyers focus on reducing unfair assumptions

One of the defence lawyer’s roles during jury selection is to reduce the risk of unfair assumptions shaping the verdict.

A criminal trial is not supposed to be decided by emotion, stereotypes, or “gut feelings.” It is supposed to be decided by evidence and the legal standard of proof.

Defence lawyers watch carefully for signs that a potential juror may:

assume guilt based on the accusation alone
have strong views about people charged with criminal offences
struggle to accept that police can make mistakes
have difficulty keeping an open mind

The goal is not to “pick sides.” The goal is to build a jury that can genuinely listen to the evidence, apply the judge’s instructions, and reach a verdict based on facts not assumptions.

Jury Selection Helps Protect the Right to a Fair Trial

Everyone has the right to a fair hearing

A fair trial means:

the Crown must prove the case beyond a reasonable doubt
the accused does not have to prove innocence
jurors must not start with assumptions
the verdict must be based on evidence presented in court
the process must be neutral and unbiased

The courtroom is not the place for rumour, social media narratives, or personal feelings about what “usually happens.” A jury must focus on the evidence and follow the judge’s instructions, even when the case involves emotional facts.

This matters in Calgary because jurors may hear cases involving:

assaults outside bars or events
disputes involving neighbours or family members
allegations involving intoxication or nightlife
incidents captured on CCTV
emotionally charged testimony

Jury selection is meant to prevent jurors who cannot be neutral from deciding the case

Jury selection is designed to identify potential jurors who may not be able to decide the case fairly.

A juror may not be suitable if they:

have a personal connection to the accused, complainant, or witnesses
have a strong personal experience similar to the allegations
feel they would automatically side with police or automatically distrust police
struggle with the presumption of innocence
cannot consider the possibility of reasonable doubt

Even if a juror is well-meaning, some situations make neutrality difficult. Jury selection is meant to catch those situations early so the verdict is not influenced by prejudice or personal history.

Step-by-Step Overview of Jury Selection

Step 1 Summons and Jury Panel

Before a jury trial even begins, people in Alberta may receive a jury summons requiring them to attend court for possible jury service.

This does not mean they have been selected for the trial yet. It means they have been called to potentially serve.

Once people respond to the summons, a larger group is brought into court. This group is known as the jury panel.

The jury panel usually includes many more people than will actually sit on the case. That’s because jury selection involves screening and exclusions, and the court needs enough individuals available to form a full jury.

In Calgary, jury panels may include people from different communities across the city and surrounding areas. That variety is important because it helps the jury reflect a broader cross-section of the public.

Step 2 Basic Eligibility Screening

After the jury panel is assembled, the court completes a basic screening process to confirm eligibility.

Jury service is limited to people who meet certain legal requirements. Common eligibility considerations include:

citizenship
age requirements
residency rules

The court typically verifies that jurors meet the standard criteria to serve. Some people may be excused or excluded if they do not qualify.

Some people may be automatically excluded depending on role/job

In some cases, certain roles or jobs may result in a person being excluded from jury duty, either automatically or because their position creates a conflict.

Step 3 Jury Challenges and Exclusions

Once eligibility is confirmed, jury selection moves into the stage where the court, Crown, and defence focus on whether potential jurors can be impartial.

This is where the idea of removing jurors for fairness becomes important.

The court can remove a juror for cause

A juror may be removed for cause if there is a serious reason to believe they cannot be neutral.

Examples of issues that can raise concerns include:

a personal connection to the accused, complainant, or a witness
strong opinions about the kind of offence being tried
personal experiences that may affect how the juror views the case
an inability to follow legal instructions (such as the presumption of innocence)

The key point is that jury selection is meant to prevent a situation where a juror starts the trial with their mind already made up.

Both sides may object to certain jurors

There may also be a process where both the Crown and the defence can object to certain jurors. This allows each side to raise concerns that a particular juror may not be able to fairly weigh the evidence.

From a defence perspective, this step matters because criminal trials often involve emotional facts, serious allegations, and complex evidence. Defence lawyers want jurors who can:

listen patiently
stay open-minded
avoid snap judgments
apply the law correctly

This step is not about choosing jurors who “like” the accused. It’s about selecting jurors who can be fair.

Step 4 Jury Is Formed and Given Instructions

After challenges and exclusions are complete, the final jury is selected and officially formed.

Once the jury is confirmed, the judge provides instructions about how jurors must approach the case. These instructions are serious and are meant to protect the integrity of the trial.

Jurors are typically told to:

judge only the evidence presented in court
follow the judge’s legal instructions
avoid relying on personal assumptions or outside opinions

They are also instructed on important restrictions, including:

avoiding outside research
Jurors cannot Google the accused, the witnesses, the location, or legal issues. They must rely only on what is presented in court.
not discussing the case
Jurors are told not to speak about the trial with friends, family, or co-workers. They must keep their thoughts private until deliberations begin.

How the Crown and Defence Approach Jury Selection Differently

The Crown’s Focus: Jurors Who Can Apply the Law and Accept Public Safety Concerns

The Crown prosecutor represents the public interest. In many Calgary criminal cases, the Crown’s job is to present evidence and argue that the accused is guilty beyond a reasonable doubt.

During jury selection, the Crown will often focus on jurors who appear able to:

listen carefully to the evidence
follow the judge’s instructions
apply the law as explained in court
treat the process seriously and respectfully

The Crown may also pay attention to whether jurors can understand issues connected to public safety. Depending on the type of allegation, this can include concerns such as:

violence in public places
weapons-related behaviour
impaired driving risks
repeat offending or breach allegations
community safety in busy areas of Calgary

The Defence’s Focus: Jurors Who Can Stay Skeptical and Understand Reasonable Doubt

A defence lawyer’s role is different. The defence does not have to prove innocence. The defence’s job is to ensure the Crown proves guilt beyond a reasonable doubt.

That difference affects how defence lawyers approach jury selection in Calgary.

Defence lawyers often focus on jurors who can:

Remain skeptical when evidence is weak

Many criminal trials involve imperfect evidence, such as:

unclear surveillance footage
inconsistent witness statements
questionable identification
missing context or missing video clips
assumptions built into the police investigation

A defence lawyer may prefer jurors who do not rush to conclusions and who are willing to ask themselves:

Is this proof or is it a guess?
Is this reliable or just persuasive-sounding?

Healthy skepticism is not the same as being unfair to the Crown. It simply means the juror understands the importance of evidence quality and consistency.

Understand reasonable doubt

Reasonable doubt is one of the most misunderstood concepts in criminal court. Some people mistakenly think:

“If the accused was charged, they must have done something.”
“If I think they probably did it, that’s enough.”
“Someone must pay for what happened.”

But that is not the legal standard.

Defence lawyers often focus on jurors who can truly accept that:

suspicion is not proof
“maybe” is not enough for a conviction
the Crown must eliminate reasonable doubt with credible evidence

A juror who understands reasonable doubt is more likely to take their role seriously and avoid convicting based on emotion or assumptions.

Avoid emotional reactions

Some cases are emotional by nature, especially those involving:

violence allegations
injuries or trauma
family disputes
disturbing video evidence
intense witness testimony

Defence lawyers often look for jurors who can separate emotion from evidence. That does not mean jurors should be cold or uncaring. It means they must be able to stay calm, think clearly, and decide the case based on facts not feelings.

The Balance: Both Sides Want a Fair Jury, But Strategies Differ

It’s important to understand that jury selection in Calgary is not meant to create an unfair advantage for either side.

Both the Crown and the defence generally want jurors who will:

follow the law
listen to the evidence
judge the case fairly
avoid bias and outside influence

The difference is the lens each side uses.

The Crown often focuses on jurors who will take the allegations seriously, apply the law properly, and consider community safety concerns where relevant.
The defence often focuses on jurors who will not assume guilt, who understand reasonable doubt, and who can remain objective even when the evidence is emotional or incomplete.

The Process of Filing a Criminal Appeal in Calgary

Khalid Akram · November 20, 2024 ·

Understanding Criminal Appeals in Calgary

Definition of a Criminal Appeal

A criminal appeal is a formal request to have a higher court examine the decision of a lower court to determine if any legal errors affected the outcome of the case. Unlike a trial, an appeal doesn’t re-examine evidence or question witnesses; instead, it focuses on whether the law was applied correctly and fairly. The Canadian legal system allows defendants to appeal their convictions or sentences if they believe a mistake was made in the legal process.

Grounds for Appeal

Several grounds exist on which a criminal appeal can be based. It’s important to understand that not every case qualifies for an appeal; certain legal criteria must be met. Below are some common grounds for appeal in Calgary:

Errors in the Trial Process: If a mistake occurred during the trial, such as incorrect jury instructions or procedural issues, this could serve as grounds for appeal.
Misinterpretation of the Law: Sometimes, judges may misinterpret or misapply the law when making a ruling. For example, if a judge incorrectly understands the legal standards for evidence or applies an outdated legal principle, it could lead to a flawed decision. In such cases, an appeal may seek to rectify the judge’s misinterpretation, potentially changing the trial’s outcome.
New Evidence: In rare instances, new evidence may come to light after the trial that could alter the case’s outcome. This evidence must be substantial, relevant, and unavailable during the initial trial despite diligent efforts. If the appeal court finds that this new evidence is credible and would likely have affected the verdict, it may order a new trial or overturn the original decision.

Each of these grounds for appeal requires thorough legal analysis, and not all grounds automatically guarantee a successful appeal. Criminal lawyers in Calgary play a pivotal role in assessing the strength of the grounds and advising clients on the likelihood of success.

The Role of Criminal Lawyers in Appeals

Criminal lawyers are essential in the appeals process, guiding defendants through a complex and highly specialized area of law. The appeal process in Calgary demands in-depth legal knowledge, analytical skills, and familiarity with the court procedures specific to appeals. Here’s how Calgary criminal lawyers assist with the appeals process:

Case Assessment: Not every case has strong grounds for an appeal, and determining this is one of the first steps criminal lawyers take. They meticulously review trial transcripts, court documents, and witness testimonies to identify any errors or issues that may provide a viable basis for appeal.
Preparation of Appeal Documents: Filing an appeal involves complex documentation, including notice of appeal, grounds for appeal, and an appeal factum, which outlines the case’s factual and legal arguments. Calgary criminal lawyers are skilled in preparing these essential documents, ensuring they meet the strict procedural requirements and deadlines set by the court.
Argument Presentation in Appeal Court: Criminal lawyers represent their clients in the appellate court, where they present legal arguments and respond to questions from the judges. They must effectively communicate the issues and explain why the lower court’s decision should be overturned or modified.
Negotiation and Resolution: In some cases, appeals may lead to negotiations with the Crown prosecutor for a reduced sentence or other resolutions. Criminal lawyers leverage their negotiation skills to pursue outcomes that may be favorable to their clients, even if a full appeal is not granted.
Providing Support Throughout the Process: The appeals process can be lengthy and stressful for defendants. Criminal lawyers offer invaluable support, guiding their clients through each step and keeping them informed about the progress of the appeal.

Initial Steps in Filing an Appeal

Notifying the Court

The first formal step in the appeal process is notifying the court through a Notice of Appeal. This document signals the intent to challenge a conviction or sentence and is filed with the appellate court. In Calgary, appeals for criminal cases are usually filed with the Court of Appeal of Alberta, which is located in the Calgary Courts Centre. This court is responsible for reviewing decisions made by lower courts in criminal cases.

The Notice of Appeal must clearly outline the grounds for appeal and the specific areas where the appellant believes errors occurred during the trial. These errors might include issues such as procedural mistakes, misinterpretations of the law, or overlooked evidence. Filing a Notice of Appeal is essential as it formally initiates the appeal process. It is a complex document that requires accurate detail, and failing to meet any requirements can result in dismissal of the appeal.

Timing Requirements

Timing is critical in the appeal process. In Canada, strict timelines govern the filing of criminal appeals. Typically, an appeal must be filed within 30 days of the conviction or sentencing. This deadline ensures that appeals are handled efficiently and that the legal process moves forward in a timely manner. Missing this timeline can severely impact the ability to appeal; however, in some cases, criminal lawyers may request an extension.

Extensions are granted only under specific conditions, such as exceptional circumstances or new evidence emerging after the conviction. However, these requests are not always approved, so it’s best to act promptly if an appeal is being considered. Calgary criminal lawyers are well-versed in these timelines and work quickly to ensure all necessary documentation is prepared and filed within the required period.

Securing Legal Representation

One of the most critical steps in the appeal process is securing experienced legal representation. Criminal appeals are complex, and the outcome often depends on the skill and knowledge of the lawyer handling the case. A qualified Calgary criminal lawyer with experience in appeals understands the nuances of appellate law and is familiar with the standards and practices of the Court of Appeal of Alberta. This expertise is essential because an appeal is not a retrial but a legal examination of whether mistakes impacted the original trial’s outcome.

Preparing for the Appeal Hearing

Reviewing Court Transcripts and Evidence

A thorough review of court transcripts, evidence, and all trial-related documents is a fundamental part of preparing for an appeal. Criminal lawyers examine every aspect of the original trial to identify any legal errors or procedural flaws that could serve as grounds for appeal. This review is essential because the appeal court does not consider new evidence or witness testimonies; it only examines the existing record to determine if any legal mistakes occurred.

Calgary criminal lawyers scrutinize witness statements, judge’s instructions to the jury, and rulings on evidence admissibility.

Developing Arguments

The development of arguments is a complex task that requires expertise in appellate law, as well as a deep understanding of the case’s nuances. Criminal lawyers in Calgary work meticulously to formulate persuasive legal arguments, aiming to convince the appeal judges that a mistake impacted the trial’s outcome. This involves structuring arguments to highlight specific legal errors, such as improper jury instructions, evidence that was wrongly admitted or excluded, or misinterpretations of legal principles.

Submitting the Appeal Record and Factum

Two crucial documents in the appeals process are the appeal record and the factum. Criminal lawyers in Calgary are responsible for preparing and submitting these documents, which outline the basis of the appeal and the arguments supporting it.

Appeal Record: This document includes the core components of the case record, such as the original indictment, judgment, trial transcripts, and exhibits presented in the trial. It provides the appeals court with a complete overview of what transpired in the lower court, enabling judges to understand the context and specifics of the case.
Factum: The factum is a written document that contains the legal arguments, references to case law, and specific points of law the appeal is based on. In the factum, Calgary criminal lawyers present their interpretation of the law, backed by relevant precedents, and argue why the original decision should be reconsidered. This document is one of the most important aspects of an appeal, as it guides the court through the appellant’s legal reasoning and identifies specific grounds for appeal.

The Appeals Court Process in Calgary

Appeal Hearing

During the appeal hearing in Calgary, a panel of judges—usually three, but sometimes a larger group—reviews the case. Unlike a trial court, the appeals court does not re-examine witnesses or consider new evidence. Instead, it focuses solely on the trial record, appeal documents, and arguments presented by both sides. The appeal hearing is primarily a legal examination of whether the trial was conducted fairly and in accordance with the law.

The role of the judges is to listen to both sides, consider the legal grounds for the appeal, and make a decision based on the information presented. This process can vary in length, with some hearings concluded in a day and others requiring additional time, depending on the case’s complexity.

Possible Outcomes

After deliberation, the appeals court in Calgary can reach one of several potential decisions:

Upholding the Original Decision: If the judges determine that the trial was conducted properly and there were no significant legal errors, they may decide to uphold the original conviction or sentence. This means the appeal is denied, and the trial court’s decision stands.
Ordering a New Trial: If the appeals court finds that significant errors affected the trial’s fairness or outcome, it may order a new trial. This decision essentially restarts the legal process, allowing for a fresh examination of the case with corrected procedures or considerations.
Modifying the Sentence: In some cases, the appeals court may agree with the conviction but feel that the sentence imposed was too harsh or lenient.

Further Appeals

If the appeals court’s decision is not favorable, there may be an option for further appeal to the Supreme Court of Canada, the highest court in the country. However, this avenue is reserved for cases that involve significant legal questions or matters of national importance. Unlike provincial appeals, individuals must seek permission (known as “leave to appeal”) from the Supreme Court, which only grants this in select cases that have a broad impact on Canadian law or require clarity on complex legal issues.

How a Criminal Lawyer in Calgary Can Help

Experience with Calgary Courts

One of the primary benefits of hiring a criminal lawyer with experience in Calgary is their familiarity with the local court system. The Court of Appeal of Alberta, located at the Calgary Courts Centre, has its own procedures, and knowing the expectations and nuances of this court can be advantageous. Local Calgary criminal lawyers understand these protocols, know what to anticipate during hearings, and are familiar with the preferences and approaches of the court staff and judges.

Navigating Complex Procedures

The appeals process in Calgary involves numerous intricate steps, from filing a Notice of Appeal to submitting the appeal record and factum. Each document must be meticulously prepared, and all filings must meet specific deadlines. Criminal lawyers in Calgary are adept at handling these complex procedural requirements, ensuring that everything is filed correctly, completely, and on time.