Edmonton lawyer Tom Engel argued in the Court of Queen's Bench Monday that jury trials in the city consistently violate the rights of aboriginal people by leaving reserves out of the pool of possible jurors. (CBC)An Edmonton lawyer is challenging Alberta's jury selection process, saying it consistently violates the rights of aboriginal people by leaving reserves out of the pool of possible jurors.

Tom Engel who argued his case in the Court of Queen's Bench Monday also says provincial legislation that keeps people charged or convicted of criminal offences from serving on a jury adds to the problem.

Federal law prohibits those who have served long jail sentences from jury duty. Alberta's Jury Act goes further, barring from juries anyone currently charged with a Criminal Code offence.

"When you consider that aboriginals and people from the lower socio-economic groups are far more likely to have a criminal record, or be charged with a criminal offence, it has the effect of excluding a significant segment of our society," Engel said.

"We think these people should be here and have an opportunity to be picked to serve on a jury."

Stemmed from 2008

His case stems from October 2008, when Engel was attending the jury selection for his aboriginal client Rene McCarthy when he noticed none of the prospective jurors were aboriginal.

Rene McCarthy is charged with various offences against a police officer who was trying to arrest him. (CBC)McCarthy is charged with various offences against a police officer who was trying to arrest him

The case was adjourned so Engel could find out why no aboriginal jurors were present.

During his investigation Engel said he learned that only people living within a 20 kilometre radius of Edmonton's law courts are ever called to jury duty.

Despite the fact the Enoch Reserve falls within that boundary, Engel says no one from the reserve is ever summoned for jury duty.

Engel argues jury trials routinely violate the rights of aboriginal people by leaving reserves out of the pool of possible jurors.

McCarthy told reporters Monday that he would like to see more aboriginals as jury members.

"I want proper representation by my people," McCarthy said.

The case will begin hearing witnesses Tuesday.

With files from The Canadian Press