General Anti-bias instructions - National Judicial Institute

Note: Specimen jury instructions serve as a template that trial judges must adapt to the particular circumstances of each trial, not simply read out in whole. They are not designed to be delivered "as-is." More information about the use of specimen instructions is found in the Preface and A Note to Users, which you can find here.

3.1.1 General Anti-bias instructions

(November 2021)

[1] We all have beliefs and assumptions that affect our perception of the world. These perceptions can create a bias for or against others, based on their personal characteristics, [such as gender, race, ethnicity, sexual orientation, or employment status]. We may be aware of some of these biases, but unaware of others.

[2] No matter how unbiased we think we are, we look at others and filter what they say through the lens of our own background and personal experiences. Unconscious biases may be based on stereotypes or feelings that we have about a particular group, namely traits that we associate with that group.[1] We all experience unconscious biases, but these biases can be overcome through self-reflection and introspection. As a juror, and a judge of the facts in this case, you are asked to judge the evidence presented at trial fairly without bias, prejudice, sympathy or partiality.

[3] As jurors, you must approach this case with an open mind, one that is free from bias, prejudice, sympathy[2] or partiality. Impartiality requires active work. It requires that you be aware of your own personal beliefs and experiences, and that you be equally open to the views of others. It is your duty to identify and set aside any prejudices or stereotypes that might affect your decision in this case.

[4] How do you identify and set aside unconscious bias?

1. Take the time you need to reflect carefully and thoughtfully about the evidence.

2. Think about why you are making the decision you are making and examine it for bias. Reconsider your first impressions of the people and the evidence in this case. If the people involved in this case were from different backgrounds, for example, [richer or poorer, more or less educated, older or younger, or of different gender, gender identity, race, religion, or sexual orientation] would you still view them, and the evidence, the same way?

3. Listen to one another. You all have different backgrounds and will be viewing this case in light of your own insights, assumptions, and biases. Listening to different perspectives may help you identify hidden biases. Help one another identify and resist the effect of unconscious bias.

4. Resist jumping to conclusions based on personal likes or dislikes, generalizations, gut feelings, prejudices, sympathies, or stereotypes.

[1] See R. v. Chouhan, 2021 SCC 26 at para 53, citing A. Roberts, “(Re)forming the Jury: Detection and Disinfection of Implicit Juror Bias” (2012) 44 Conn. L. Rev. 827 at 833.

[2] R. v. Barton, 2019 SCC 33 at para 195.