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Reasonable jury-roll process satisfied Charter representativeness requirements despite low on-reserve participation.
The Court allowed the Crown’s appeal in a jury-representativeness challenge arising from the underrepresentation of Aboriginal on-reserve residents on the Kenora jury roll.
The majority held the constitutional obligation is to provide a fair opportunity for participation through reasonable efforts in source-list selection and notice delivery, not to guarantee a proportionate jury-roll composition.
The order for a new trial was set aside and the manslaughter conviction was reinstated.
