Jury Duty Appreciation Week Act

Bill S-226, Jury Duty Appreciation Week Act · Second reading · now at committee in the House Where it stands

What Bill S-226 would do

The bill would designate the second week of May each year as Jury Duty Appreciation Week. The published material gives no further detail.

Official text (opens in a new tab)

7 statements

Anju Dhillon, Dorval—Lachine—LaSalle

Liberal
“I want the House to advance this bill to committee. It makes the second week of May a time to appreciate jurors and jury duty. Serving on a jury can be very hard on people, and we need to support them.”
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Official Hansard

moved that Bill S-226, An Act respecting Jury Duty Appreciation Week, be read the second time and referred to a committee. She said: Mr. Speaker, it is with deep respect that I rise today to speak to Bill S-226, the jury duty appreciation week act. The bill was introduced by Senator Lucie Moncion in the Senate. It seeks to designate the second week of May every year as a dedication to jurors and jury duty. It is thanks to Senator Moncion’s tireless efforts that I stand here today in the chamber speaking to this bill. She has dedicated decades of her life to raising awareness of these crucial aspects of our criminal justice system. Having been a juror in 1989, Senator Moncion has bravely shared her harrowing journey in the service of justice. Her summons to serve as a juror, as juror number one no less, was for a case of a first-degree murder charge. The experience had consequences on her personally and on her family, and it left her feeling isolated. However, through outreach, Senator Moncion ascertained that she was not alone in feeling the distress of serving on a jury, and that other jurors had similar impacts on their lives for one reason or another. Over years of commitment to support past jurors and prepare future ones with the tools necessary to sustain them, Senator Moncion has collaborated with various organizations and stakeholders, and through lengthy studies, testimonies by witnesses and by experts—

Anju Dhillon, Dorval—Lachine—LaSalle

Liberal
“I want the House to pass this bill to create a jury duty appreciation week. Serving on a jury can cause trauma, lost wages, and trouble at work. We need to recognize the sacrifices jurors make for our justice system.”
Official Hansard

Mr. Speaker, the experience had consequences for Senator Moncion personally and her family, and it left her feeling isolated. However, through outreach, Senator Moncion ascertained that she was not alone in feeling the distress of serving on a jury and that other jurors had similar impacts on their lives for one reason or another. Over years of commitment to support past jurors and prepare future ones with the tools necessary to sustain them, Senator Lucie Moncion has collaborated with various organizations and stakeholders. Through lengthy studies with witness and expert testimonies at committee, she brought this well-thought-out bill to fruition. It raises awareness of the sacrifices jurors have to make in serving the Canadian justice system and highlights the nature of the challenges they face, which include but are not limited to financial, social and mental health aspects. We see every single year that thousands of Canadians across all of Canada are called upon to serve on a jury. What we do not often see is the aftermath of serving on that jury. Vicarious trauma, lack of workplace support and barriers to jury diversity are just some of the issues they must eventually face once the hearing is terminated and everyone has gone home. Often, employers do not comprehend that jury duty is obligatory. They believe that their employee can get out of it and often compel them to do so to the point of harassment. They do not understand and often do not care that, unless there is justification, their employee cannot back out of jury duty. Often, employees are threatened with termination of employment and falsely accused of shirking their duties. Employers need to be aware that jury duty is a fundamental part of our justice system and that, once a summons has been served on a potential juror, their employee is legally obligated to serve on a jury. Of course, an employer does not have to pay them, which means that a juror loses income and is unable to contribute to their financial situation at home. During deliberations, jurors are sometimes sequestered for days and even weeks, depending on the substance of the trial. They are obliged to stay away from their family and friends, their loved ones, their children and their elderly parents. They are isolated at a hotel, as this is seen as a way to ensure that there is freedom from outside influence on the verdict and that the trial is based on evidence and the verdict is rendered as such. Mandatory sequestration begins once a judge instructs the jury to go into deliberations. At that time, jurors cannot watch television, access the Internet or have contact with the outside world. They are heavily supervised by court personnel, and this sequestration, although rare, can also take place earlier, during the trial stage, if the judge sees that the high-profile nature of a case could affect the verdict. We do not often dwell on what it is like for a juror to hear difficult testimonies and be exposed to evidence that can be so filled with raw violence, which speaks to the inhumanity and cruelty a fellow citizen can be capable of. Oftentimes for jurors, facing such a situation, PTSD can be the result of their service. Jurors sometimes suffer from PTSD following a trial. I had the opportunity to speak with Mark Farrant, the founder and CEO of the Canadian Juries Commission, a national non-profit organization that supports and represents Canadians who serve as jurors. After serving as a juror in Ontario during a murder trial, Mr. Farrant found himself grappling with emotions he could not manage, without knowing where to turn. He explained that he was repeatedly exposed to gruesome details and the sight of burn scars on the victim. The accused was later found guilty of starting the fire that killed his partner. This experience caused Mr. Farrant significant distress, both during and long after the trial. He tried to take refuge in his work and keep himself busy, in the hope that the situation would eventually right itself. At the time, it was not widely known that indirect witnesses of trauma could experience PTSD. Even today, people are not always aware of that. PTSD can manifest itself through all sorts of symptoms, such as intrusive thoughts related to the trauma, avoidance of traumatic memories, negative mood swings and sudden outbursts similar to those experienced by soldiers, survivors of accidents or abuse, and first responders. Mr. Farrant started to do research. He talked to veterans and even first responders, and he eventually realized that he himself could have PTSD, even though he had only seen evidence in court and had not been present when the incidents occurred. Thanks to dedicated people like Mr. Farrant, we now understand that jurors can also suffer from PTSD. British Columbia is leading the way by providing mental health support to jurors and former jurors. Even though the administration of justice falls under the purview of the provinces, the federal government also acknowledges the essential role of jurors in the Canadian justice system and the need for federal support in recognizing the necessity for mental health services and financial support of jurors. As was wisely stated by the Supreme Court of Canada in R. v. Find, “Trial by jury is a cornerstone of Canadian law. It offers the citizen the right to be tried by an impartial panel of peers and imposes on those peers the task of judging fairly and impartially.” The 1984 Ontario decision in R. v. Bryant provides an overview of the history and significance of the right to a jury trial in Canada. The right of trial by jury existed in the four original provinces of Canada before Confederation. It was received as part of the common law of England by the colonies of Nova Scotia in 1758 and New Brunswick in 1784. Its history in Quebec and Ontario is more complicated and demonstrates the importance attached to the jury from the earliest times in these provinces, around 1763. Since justice is a shared jurisdiction, it is crucial for all levels of government to fulfill their responsibilities concerning jury duty. Bill S-226 would provide the proper means to do so while respecting the administration of justice by provinces and territories. In a 2017 House of Commons justice committee study on improving support for jurors in Canada, gaps in juror supports were highlighted. At the forefront was mental health. Witnesses who appeared spoke of various trauma and the PTSD they had suffered, especially when it came to criminal cases and especially those that involved violence. This week of appreciation is necessary not only to raise awareness but also to recognize and celebrate those who have served on a jury. Often, vicarious trauma among jurors has been neglected. Concerns about insufficient mental health supports provided before, during and even after jury duty necessitates the awareness that Bill S-226 brings to Parliament. The development of comprehensive trauma-informed programs to support and safeguard the well-being of jurors during this time is absolutely essential. Another notable element of jury duty is the significant lack of diversity among jurors in Canada. It has also been recognized by experts, particularly in regard to the representation of racialized, Black and indigenous individuals. Measures aimed at improving the diversity of jurors must be examined to answer to this gap and provide a true representation of peers during trials. Financial barriers, such as lost wages and not being adequately compensated for travel, child care, meals, parking expenses and so forth, cause an undue burden on Canadians called to serve. This financial impediment can lead to juries that may not be reflective of our diverse communities or of Canadians as a whole. Unfortunately, in several provinces, the compensation paid to jurors has remained unchanged for decades, supplying further evidence of the unfair burden placed on them. For example, there was a time when jurors were paid just $40 a day, following an initial period during which they were not paid at all. Given all of these factors, serious consideration must be given to the obstacles that have been identified, including low pay, job insecurity, lack of employer support and limited access to mental health services. These important points that I have briefly outlined paint a revealing picture of why, at the least, recognizing and supporting jurors is imperative. They are the ones who uphold this cornerstone of our justice system and our democracy. Jurors make personal sacrifices, yet their service is often neglected. They are all deserving of our acknowledgement and our gratitude. That is why our government supports the jury duty appreciation week act. I hope we can count on all colleagues in this chamber to support this incredible bill and to uphold our justice system.

Anju Dhillon, Dorval—Lachine—LaSalle

Liberal
“I support this bill. Jurors face money problems, mental health issues, and being cut off from their families. This bill will help people understand what jurors go through and the help they need.”
Official Hansard

Mr. Speaker, I thank my colleague from the bottom of my heart for his very thoughtful question. He is one of the solution makers. We want to show Canadians, or express to them, what jurors go through. I am sure a lot of my colleagues, those sitting here or who are listening on their televisions or computers, will have heard certain things that they were not aware of, such as the financial burden, the lack of mental health support and the undue burdens that a juror must face, including being sequestered for weeks without contact, without loved ones and without having access to the outside world. This is very difficult on a human being. People cannot get out of jury duty, unless there is a justification that would allow them to do so. This kind of bill would raise awareness of what jurors go through, the sacrifices they make and the supports we can give them as a government.

Anju Dhillon, Dorval—Lachine—LaSalle

Liberal
“The provinces run the justice system. But Parliament should still recognize jurors and show support for the work they do.”
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Mr. Speaker, my colleague is right. I could not agree with him more. The administration of justice falls under the jurisdiction of the provinces and Quebec. It is important for us today to also symbolically show what people are doing to advance the justice system. It is important for us to recognize those two things. It will allow us to better support people serving on a jury, so that they can continue to contribute to the administration of justice, while respecting jurisdictions.

Kevin Lamoureux, Parliamentary Secretary to the Leader of the Government in the House of Commons

Liberal
“Serving on a jury is very important to our justice system, but it takes an emotional and financial toll on people. I want the member to talk more about the sacrifices jurors make to do this work.”
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Mr. Speaker, I am really pleased and very impressed with my colleague once again. I think of how important this issue is. It is a very critical aspect of our justice system. I know it is a very special day today. Not only is the member bringing forward a fantastic bill, but it is also her birthday, so I wish her a happy birthday and compliment her on this special day. I wish I could sing it in French, as it is such a beautiful song in French. I will pose my question. Why, from an emotional perspective and a financial perspective, do our jurors sacrifice so much in order to serve a critical role in our judicial state? Could the member provide further comment on that?

Anju Dhillon, Dorval—Lachine—LaSalle

Liberal
“From my work as a lawyer, I know that jury duty is very stressful. People are forced to serve, and the court atmosphere is tense and serious.”
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Mr. Speaker, I thank my beloved colleague for his kind words and for being a source of inspiration to all of us. I really appreciate him from the bottom of my heart. I thank all members for their good wishes. I practised law and going to criminal court was part of the practice I had. In criminal court, we see the stress jury members themselves are under. They walk in and it is a tense, sombre atmosphere. They sometimes have no idea why they are there; they are just summoned. Once they are summoned, they cannot refuse.

Kevin Lamoureux, Parliamentary Secretary to the Leader of the Government in the House of Commons

Liberal
“I support this bill to create a Jury Duty Appreciation Week. Jurors make big sacrifices, including lost pay and mental stress from hearing terrible cases. This week will help people and schools learn about the important work jurors do.”
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Mr. Speaker, what a pleasure it is to rise. I had the opportunity to ask the member a question in regard to her initiative. It was interesting that, in a very humble way, she started her speech by talking about the Senate and paying tribute to the senator in advocating for what is being proposed. I would like to echo toward the member some of the very same words she used of the senator, because I know that the member is very passionate about the issue. We were all able to witness this when she delivered her opening remarks on the bill. It takes a great deal of effort to usher legislation through the House, whether it is government business or private members’ business, and I appreciate the effort that she and those individuals who were all involved in making it possible have put in, because it is an important issue. When we think of Canadian society, we think of the fundamental principles that make us who we are as a nation. Our independent judicial system and the rule of law are things that make us who we are as a nation. Years ago I was the justice critic in the province of Manitoba. The member made reference to jurisdictional control. It is not just about Ottawa. There is a very strong role for provinces to play, and ultimately, when we really want to get down to it, even for our municipalities and other stakeholders. There are fundamental aspects within our judicial system that I think are really important to recognize, and that is what we would be doing through Bill S-226: recognizing a very important aspect to our judicial system, the right to have jurors listen and to make a determination as to some sort of consequence for a crime that may have been or has been committed. I think that, compared to other nations, Canada does exceptionally well, but there are areas we could improve upon. Some of the comments we heard today deal directly with how. Maybe it is financial compensation in different fashions. Mental health support is another area we could expand upon. One thing I really would like to amplify is the issue of education, recognizing that there is a need for us to acknowledge what takes place, what a juror has to go through, why it is so important that we have jurors and why we have a duty as a citizen to participate in a process that, I would ultimately argue, is second to that of no other country in the world. It is because we have that sense of recognition in the House of many other things. As has been pointed out, this is an area we need to give some attention to. Having an appreciation week would provide all sorts of opportunities. It is not just a matter of another appreciation week that comes by, and we pass it through. The real challenge would be for parliamentarians and others, particularly individuals who are engaged in the judicial system in one form or another, to take advantage of the opportunity to promote and encourage that appreciation week. Let me give a tangible example. Nothing prevents a local school in the community from being made aware of it and sponsoring something in the classroom. For example, at my local schools, whether it is Sisler High School, Maples or St. John’s, any one of those three high schools could have an initiative to recognize this with some sort of a day, class or portion of a class to talk about our judicial system and the important role and sacrifices, and I underline the word sacrifices, of our jurors. Often when we hear about the court process or the different types of stories that come out of courts, especially with horrendous crimes, we hear that there is a very tangible consequence for those on that jury. Enabling through education, such as the example I am giving with schools, in essence, would support one of Canada’s values. It would contribute to the bigger picture of justice. The member, in introducing the legislation, talked about the issue of compensation, and compensation is important. When we stop to think about it, a great deal is given up when people are called to be on a jury. Some of those calls could be for a fairly long period of time. We expect and hope that, if someone is called to perform jury duty, they will actually show up. The financial component to this does need to be taken seriously. I think the member made reference to $40 a day being suggested. Proper compensation, in whatever form, is what we should be open to. The other issue is the emotional one and the potential scars that do not go away. People might be on jury duty for two weeks or two months, depending on the situation. Ultimately they may find themselves in a situation where the case is closed, done and dealt with, but people may still have these images in their mind, images that were brought to their attention and shown to them in a court proceeding. We can think of some of the horrendous crimes, such as murder, sexual assault and kidnappings. There are a lot of different types of crimes. It could be crimes involving pornography, and there are all sorts of crimes there. Once people see something, they cannot unsee it. We talk about the duties, and that is great, but let us recognize the sacrifice. The emotional toll can, at times, be very heavy and stick with people virtually for life. I look at the legislation we have before us today, and I recognize it for what it is, which is a valuable opportunity for Canadians as a whole, in many different ways, to get a better understanding of just how important a trial juror is and of the sacrifices jurors make so that we have a justice system that is the envy of the world. I give my very best to those who have been one, and I wish nothing but the best for those who will be one going forward into the future. I recognize just how important they are. I thank my colleague for taking the time to do the research, to work with the Senate and to bring the Senate bill here to the House of Commons, so that we could all have this debate and ultimately pass it.

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