Does the trial judge have the authority to inquire into the alleged error post-discharge?
Canada (Federal), Canada
The following excerpt is from R. v. Burke, [2002] 2 SCR 857, 2002 SCC 55 (CanLII):
53 The trial judge does not have the exceptional jurisdiction to inquire into the alleged error post-discharge when the alleged error is of the type such that its correction would involve the jury reconsidering its verdict or completing its deliberations: Head, supra, per Lamer J., at pp. 702-3. This limited residual jurisdiction may only be exercised where the errors do not “challenge the ‘validity’ of the verdict or the deliberation or mental processes of the jurors”: Martin v. State, 732 So.2d 847 (Miss. 1998), at p. 851. The rationale is that, once the jury has delivered its verdict, it should not be permitted to change its mind. If the error requires the jury post-discharge to reconsider its earlier conclusion or continue its cogitations on the matter, the error cannot be corrected, because the trial process has concluded and the judge is functus officio.
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