R. v. Williams, 1998 CanLII 782 (SCC), [1998] 1 SCR 1128

Victor Daniel Williams Appellant

v.

Her Majesty The Queen Respondent

and

The Attorney General of Canada,

the Attorney General for Ontario,

Aboriginal Legal Services of Toronto Inc.,

the African Canadian Legal Clinic,

the Urban Alliance on Race Relations (Justice)

and the Criminal Lawyers’ Association (Ontario) Interveners

Indexed as: R. v. Williams

File No.: 25375.

1998: February 24; 1998: June 4.

Present: Lamer C.J. and L’Heureux‑Dubé, Gonthier, Cory, McLachlin, Iacobucci, Major, Bastarache and Binnie JJ.

on appeal from the court of appeal for british columbia

Criminal law ‑‑ Trial ‑‑ Procedure ‑‑ Challenge for cause ‑‑ Racial bias ‑‑ Whether prospective jurors can be questioned as to racial bias ‑‑ Criminal Code, R.S.C., 1985, c. C‑46, ss. 638,, 649 ‑‑ Canadian Charter of Rights and Freedoms, ss. 7, , 11(d), , 15(1).

The accused, an aboriginal, pleaded not guilty to a robbery charge and elected a trial by judge and jury. The trial judge at the first trial allowed questions to be put to potential jurors but the Crown successfully applied for a mistrial on the basis of procedural errors and the “unfortunate publicity” of the jury selection process. At the second trial, the judge who heard the accused’s motion for an order permitting him to challenge jurors for cause dismissed the motion. The judge who presided at the trial dismissed a renewed application and did not warn the jury, either in his opening or closing addresses, to be aware of or to disregard any bias or prejudice that they might feel towards the accused as a native person. The Court of Appeal dismissed an appeal from conviction