“Jury tampering” is an American term referring to the crime of improperly communicating with a juror with the purpose of influencing his or her decision during a trial.
In Canada, this is covered by the offence of Obstructing Justice under s. 139(3)(b) of the Criminal Code of Canada. It reads:
139(3) …[E]veryone shall be deemed wilfully to attempt to obstruct, pervert or defeat the course of justice who in a judicial proceeding, existing or proposed,
(b) influences or attempts to influence by threats, bribes or other corrupt means a person in his conduct as a juror…
Other Offences Covered Under Obstructing Justice
“Obstructing justice” refers to any intentional interference with the legal process. The Supreme Court of Canada [“SCC”] has made it clear that conduct interfering with initial “investigative steps” is also covered under this offence (R v Wijesinha, [1995] 3 SCR 422).
The SCC has also held that this offence is not exclusive to criminal and civil proceedings. It covers any proceeding in which a decision-making body’s authority is “derived from statute” and that body is required to act in “a judicial manner” (Ibid). This includes any proceeding as defined by s. 118 of the Criminal Code (Ibid), Law Society disciplinary hearings (Ibid), and parole board proceedings (R v Heater, 1996 CanLII 1265 (ON CA)).
Examples of Conduct that Obstructs Justice
- Witness tampering
- Attempting to have a witness who gave a statement to police change that statement (R v Patterson, 2003 CanLII 30300 (ON CA))
- A communication asking that a witness be intimidated (R v Graham, 1985 CanLII 3644 (ON CA); R v Roy, 2004 CanLII 14611 (ON CA))
- Obstructing an investigation
- Consuming alcohol after a motor vehicle accident in an attempt to thwart an investigation into an impaired driving allegation (R v Magagna, 2003 CanLII 655 (ON CA)).
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