Jury Rights in Canada

Much the same as in the US; the juries are sovereign but are barred from fully knowing their rights.

Can a trial lawyer inform the jury of its power to nullify? Our law grants jurors the power to nullify, but prohibits counsel from telling them about it.

The law is clear that the defence cannot raise the issue before the jury. Morgentaler dealt with a section of the Criminal Code that restricts the availability of abortions. The defence advised jurors that, if they did not like the law, they need not enforce it. The court said that addressing the jury in this manner would disturb and undermine the jury system.