Once the judge has “charged” the jury by explaining the applicable law, the jury retires to the jury room to begin their deliberations, to determine if the accused is guilty of the offence. The 12 members of the jury do this on their own, without assistance from outside personnel. Their decision must be unanimous. A sheriff’s officer guards the door to the jury room so that no one has access to the jury. The members of the jury can never reveal anything about their discussions in the jury room. The jury panel uses the information they have heard during the trial. They have access to the physical evidence from the case as well as the transcripts of testimony. All meals are brought in and the jury has no contact with the outside world while they are deliberating. 

If they have not reached a decision by around 10 p.m., they are taken by van, accompanied by sheriff’s officers, to spend the night in a hotel, in separate rooms with no television, radio, telephone or newspaper. They do not have contact with each other during this time or with the outside world. In the morning, they are brought by van back to the court building to the jury room to continue their deliberations until a unanimous decision has been reached.

If, at any time during the deliberations, the jury requires clarification of a point of law or needs information, court is reconvened with the judge, court clerk, Crown attorney, defence lawyer, accused, members of the jury and any members of the public who might be waiting in the hallway outside the courtroom. A spokesperson from the jury asks the judge the question. The judge supplies the response or offers information and the jury returns to the jury room to continue deliberating. This may happen several times.

Once a unanimous decision has been reached, the judge is notified. The Crown attorney and defence lawyer are contacted. (They are required to remain in the immediate area of the court building during the time that the deliberations are taking place.) The Crown attorney and defence lawyer contact the families of the victim and the accused. The court convenes immediately. The accused is brought in. There is no delay in the verdict being read. Any members of the public waiting outside the courtroom are allowed to enter the courtroom. The court does not wait for the family of the victim or the family of the accused to arrive. Whoever is present is able to hear the verdict. If you are not in the immediate vicinity of the courtroom when the jury finishes deliberating, you will not have the opportunity of hearing the verdict being read. 

Mennonite Central Committee Canada. (2011). Getting through the maze: A guidebook for survivors of homicide.