Model Jury Instructions

The NJI hosts a set of model jury instructions for criminal cases, which were created by the Canadian Judicial Council’s (CJC) National Committee on Jury Instructions. These jury instructions provide judges with standard language which they may use when speaking with members of juries about their duties, the nature of the criminal charge before the court, and the legal rules which apply to the jury's deliberations.

To read the Preface and Note to Users from the CJC, click here.

A. Preliminary Instructions

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1. Instructions to the Jury Panel

2. Instructions Relating to the Jury Selection Process - (REFLECTING LAW COMING INTO FORCE ON SEPTEMBER 19, 2019)

3. Opening Instructions to the Trial Jury

4. Instructions on Trial Procedure

5. Fundamental Principles

6. Concluding Instructions

B. Mid-Trial Instructions

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7.1 Admission of Facts (s. 655)
7.2 Out of Court Statements
7.3 Out of Court Statements of Person Charged (Joint Trial)
7.4 Previous Convictions of Accused Witness (Credibility)
7.5 Previous Convictions of Non-Accused Witness (Credibility)
7.6 Evidence that a Non-Accused Third Party Committed the Offence
7.7 Evidence of Disposition of Co-Accused
7.8 Previous Convictions of Witness or Third Party as Evidence of Disposition
7.9 General Instruction on Evidence of Limited Admissibility in Joint Trials
7.10 Prior Inconsistent Statements of Non-Accused Witness (Credibility)
7.11 Prior Inconsistent Statements of Accused Witness
7.12 Prior Inconsistent Statements as Substantive Evidence (The R. v. B. (K.G.) Instruction)
7.12A Non-hearsay Purpose
7.13 Statements of Declarant Not Called as Witness (Admissible Hearsay)
7.14 Evidence of Similar Acts (Acts not Charged)
7.15 Audio Tape Recordings and Transcripts
7.16 Video Tape Recordings and Transcripts
7.17 Evidence Previously Given (s. 715)
7.18 Expert Opinion Evidence
7.19 Demonstrative Aids used by Counsel
7.20 Evidence of Other Sexual Activity (ss. 276; 276.4)
7.21 Evidence of Children (Obstructed view and sequestered testimony, ss. 486.2)
7.22 Evidence of Children (Videotaped Complaint – s. 715.1)
7.23 Plea of Guilty of Another
7.24 Outstanding Charges Against Prosecution Witness
7.25 Common Purpose Exception to Hearsay Rule (Co-conspirator’s exception)
7.26 Preliminary Inquiry
7.27 Toxic Evidence
7.28 Instructions RE: COVID-19

C. Final Instructions

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8. Duties of Jurors

9. General Principles

10. Types of Evidence

11. Rules of evidence

11.1 Evidence of Good Character
11.2 Previous Convictions of Non-Accused Witness (Credibility)
11.3 Evidence that a (Non-Accused) Third Party Committed the Offence
11.4 Previous Convictions of Accused Witness (Credibility)
11.5 Previous Convictions of Accused to Impeach and Rebut Evidence of Good Character (s. 666)
11.6 Propensity or Disposition of Co-Accused, Including Previous Convictions
11.7 Out of Court Statements of Person Charged (General Instruction)
11.8 Out of Court Statements of Person Charged (Joint Trial)
11.9 Evidence of Person Charged
11.10 Prior Inconsistent Statements of Non-Accused Witness (Credibility)
11.11 Prior Inconsistent Statements of Accused Witness
11.12 Prior Statements of Non-Accused Witness as Substantive Evidence (R. v. B. (K.G.)) – Recanting Witness
11.13 Motive
11.14 After-the-Fact Conduct
11.15 Evidence of Similar Acts to Prove Identity (Extrinsic Misconduct)
11.16 Evidence of Similar Acts on Other Counts to Prove Identity of Perpetrator (R. v. Arp)
11.17 Evidence of Extrinsic Similar Acts to Support Credibility of Complainant (Extrinsic Misconduct)
11.18 Evidence of Similar Acts on Other Counts to Support Credibility of Complainant
11.19 Testimony of Children Under Fourteen (Canada Evidence Act, s. 16.1)
11.20 Obstructed View or Sequestered Testimony (s. 486.2)
11.21 Evidence of Children (Videotaped Complaint) (s. 715.1)
11.22 Evidence Previously Given (s. 715)
11.23 Crown Witnesses of Unsavoury Character (Vetrovec Warning)
11.24 Eyewitness Identification Evidence
11.25 Audio or Video Recordings and Transcripts
11.26 Video Recordings and Transcripts
11.27 Co-Conspirators’ and Common Design Hearsay Exception
11.28 Statements of Hearsay Declarant Not Called as Witness (R. v. Khan; R. v. Smith)
11.29 Judicial Notice
11.30 Plea of Guilty of Another
11.31 Evidence of Other Sexual Activity (ss. 276; 276.4)
11.32 Charts and Summaries (Demonstrative Aids)
11.33 Charts and Summaries (Filed as Exhibits)
11.34 Oustanding Charges Against Crown Witness (Titus Instruction)

12. Deliberations

13. Thanks and Secrecy Reminder

1. Assaults

2. Controlled Drugs and Substances

3. Criminal Negligence

4. Criminal Organization

5. Firearms

6. Homicide and Attempted Murder

7. Sexual Offences

8. Terrorism

1. Accident

2. Automatism

3. Duress

4. Intoxication

5. Mental Disorder

6. Necessity

7. Provocation - Repealed July 16, 2015

8. Provocation - In force July 16, 2015

9. Self-defence Repealed March 2013

10. Self-defence – In Force

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