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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.
