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Just what provinces must do to ensure juries are properly representative of the population in an area will be put to Canada’s highest court Monday in a case that could change the country’s jury landscape.

At issue, as the Supreme Court of Canada kicks off its fall session, is an appeal by Ontario in the case of an aboriginal man whose manslaughter conviction was thrown out because his jury had no First Nations members.

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The decision was “so broad and powerful that it has potential to drastically change our approach to the jury system,” the province argues in its factum.

In addition, according to the factum, the ruling has generated “considerable uncertainty” and holds the state to account for results “beyond its control.”

The province argues the right of an accused to a fair and impartial jury does not entail an absolute right to a jury comprised in any particular way.

It has potential to drastically change our approach to the jury system

It’s the first time Supreme Court will be dealing directly with the concept of a representative jury and what that entails.