Official Hansard
Mr. Speaker, I am pleased to see you again and to be back here in the House with all my colleagues. I hope that everyone had a good summer and that we will have productive debates in the pursuit of the common good. A few years ago, I received a call from an acquaintance who was in a bit of a panic. This person was calling me because they knew I was a lawyer. They had been summoned for jury duty and wanted to know how to get out of it. They told me they did not have the time because they were working. It is true that being a juror is not an easy task. Jurors have to stop working for the duration of the trial, and it is no vacation. They make decisions of critical importance not only for the accused, but also for the victim and their loved ones. In the Gaspé in 2015, for example, 12 members of a jury sat through a trial that lasted a month and a half. It was the first trial of Johanne Johnson, who was accused of murdering her partner, James Dubé. It involved a month and a half of trial proceedings, followed by three full days of deliberations before reaching a verdict, which was subsequently overturned on appeal, meaning the trial had to start all over again. All this to say that being a juror takes time. Above all, it means accepting a heavy responsibility involving tragic events. Each juror must join with 11 other jurors in deciding another person’s fate by finding him or her guilty or not guilty. They must weigh the evidence presented and judge the credibility of the testimony given. Usually, jurors are exposed to horrific accounts of crimes involving sordid facts. In our criminal system, this is the most solemn type of case and involves the most serious types of crime, like murder. Although they represent only about 1% of criminal cases, these are usually the most grave, complex and impactful cases, both for the victims and the accused. A heavy load and responsibility are therefore placed on the jurors’ shoulders. Of course, while serving on a jury may be a civic duty, it comes with no training. Members of the public are randomly selected from the Quebec voters’ list. This is what prompted the call from my acquaintance seeking an exemption from jury duty. Their wish for an exemption is nothing unusual. The Canadian Juries Commission conducted a national opinion poll in June 2020 that found that only 18% of Canadians expressed a willingness to participate in jury duty. There is some degree of civic disengagement in our justice system when it comes to jury duty. In fact, it is at a point where some judges are now used to issuing arrest warrants and summoning people who fail to appear in order to improve participation rates. In Quebec, the issue falls under the Jurors Act, and people are required to appear. The use of sanctions to ensure participation is a consequence of the lack of a positive culture around this obligation. Civic disengagement is not the only issue. After speaking with some Crown prosecutors, I learned that most jurors complete their service with a feeling of accomplishment and of having served justice. However, other jurors come out of the experience traumatized. The first to make this point was Mark Farrant, who was the jury foreman in an Ontario murder trial in 2014. He was diagnosed with post-traumatic stress disorder after the trial. He sued the Government of Ontario and the Government of Canada, alleging a failure in the duty of care. His public testimony sparked a collective reflection and a series of reforms that led to the founding of the Canadian Juries Commission. As I understand it, it also motivated the work of Senator Lucie Moncion, which led to the introduction of the bill we are debating this afternoon, Bill S‑226, an act respecting jury duty appreciation week. We in the Bloc Québécois support this initiative. Establishing a jury duty appreciation week would recognize and value the essential work done by ordinary citizens, without whom our criminal justice system could not function. It is also a way to address civic disengagement with positive action. Jury duty is one of the few truly binding civic obligations under Canadian law. People have the right to vote, but they are not required to do so, and mandatory military service has been abolished. Jury duty, however, remains mandatory, and yet it is the only civic duty that has not been recognized with a national week of appreciation. Bill S-226 fills that gap. Some people might argue that designating jury duty appreciation week is merely symbolic. That is true, but there is value in symbolism. Parliament regularly adopts national designations. Mental Health Week, Black History Month and the National Day for Truth and Reconciliation are examples of this. The value of all these initiatives lies precisely in recognition. That said, as members of the Bloc Québécois, we are firmly devoted to defending Quebec’s jurisdiction when it comes to the administration of justice. The division of powers set forth in the Constitution Act, 1867, expressly gives the provinces jurisdiction over the administration of justice. This jurisdiction unambiguously encompasses everything related to jury duty, including jury selection, compensation, conditions of service and post-trial support. Quebec exercises its jurisdiction with rigour and a consistency that deserves to be highlighted. As the only civil-law jurisdiction in North America, Quebec has developed robust judicial institutions over several centuries, rooted in the values and culture of its society—notably by increasing daily allowances for jurors to a rate that is much more generous than in most other Canadian provinces. Quebec also reimburses psychotherapy fees for jurors who are traumatized by a trial. We know full well that these advances are the result of thoughtful Quebec governance, not a federal directive. It is in this spirit that we support Bill S-226, because it recognizes without constraining, commemorates without imposing and brings people together without requiring uniformity. Any concrete action arising from this initiative must be carried out through voluntary collaboration, with full respect for the autonomy of Quebec and the provinces. Jury duty appreciation week derives its value from its simplicity. Let it therefore remain what it is: a tribute to citizens who serve justice.
