Official Hansard
Mr. Speaker, I appreciate the opportunity to rise in the House today on behalf of the people of Bow River. I want to begin by being honest with the House about where I usually stand on bills of this kind because I think it matters as to what I am going to say. I have argued in rooms, both public and private, that this Parliament has developed a habit. We designate days, we designate weeks and we designate months, and we do it with good intentions. We do it constantly until the calendar is so crowded that a proclamation from this place carries less weight each time we issue one. If everything is special, then nothing is. Recognition is a currency, and like any currency, it can be devalued by printing too much of it, and, wow, does the government know how to print money. With all seriousness, I do not come to this debate as someone easily moved by a proposal to name a week. I come to it as a skeptic. I want to explain to this House why. In this case, I think the exception is not only defensible but overdue. Here is the distinction I would draw. Most of what we recognize in this place is an interest, an industry, a cause, a community or a commodity. What Bill S-226 asks us to recognize is something different in kind. It is a duty. It is not chosen. It arrives in the mail, it is compulsory and it is very nearly the last one we have. We do not conscript. We do not compel Canadians to vote. We ask remarkably little of our citizens in the classical sense, not in the sense of what they pay, because they pay, but in the sense of what they are personally required to give. Jury service stands almost alone as an obligation that citizenship still imposes on an individual. It is not simply another cause asking for a place on the calendar. It is one of the highest civic responsibilities that an ordinary Canadian can be asked to undertake. As my colleague, the former member for Brantford—Brant South, stated in this House earlier this year, “Jury service is not just a duty; it is a cornerstone of justice in a free and democratic society and, like many cornerstones, it is often overlooked until we pause to reflect on its importance.” That gets to the heart of the discussion, in addition to the words of my colleague from Kamloops—Thompson—Nicola, who spoke earlier. Our country depends on institutions that most of us rarely stop to think about. We depend on elections. We depend on Parliament. We depend on an independent judiciary. We depend on the rule of law, and when Canadians are accused of the most serious offences, our system depends on 12 ordinary people answering a summons, putting their normal lives aside and accepting the responsibility of sitting in judgment on another person. That is an extraordinary responsibility. The right to a jury trial is not merely a tradition. As we know, section 11(f) of the Canadian Charter of Rights and Freedoms guarantees the benefit of a trial by jury, and Bill S-226 recognizes the citizens who make that guarantee work. A jury brings something to a courtroom that nothing else in the building can supply. A judge who has presided over the same category of case for 20 years accumulates experience. Experience is valuable, but it can also accumulate to predisposition. A jury arrives without that. Its members have not heard the evidence before. They have not heard 100 cases like it and have formed no view of how such cases usually end. Because 12 people must arrive together at a single judgment, that judgment carries a weight that no individual verdict could. This is democracy in its most direct form. Justice is not handed down to the people from above; it is delivered by them. We sometimes speak about civic duty in fairly abstract terms, but jury duty is anything but abstract. What do we ask of a juror? A person may receive a summons with little idea of what awaits them. They may have a job, a business to run, children to care for and more responsibilities at their home and in their community. Then for days or weeks, sometimes longer, those normal responsibilities are set aside. They enter a courtroom. They listen carefully to the evidence. They are required to set aside preconceptions. They apply the law to the evidence before them, and then they enter a room with their fellow jurors and deliberate. In some cases, the question they must answer could hardly be more serious. Has the Crown proved beyond a reasonable doubt that the person sitting before them is guilty? Most Canadians will never be asked to make a decision carrying this kind of weight. Instead of placing every factual determination in the hands of a single individual, citizens deliberate collectively. They hear one another’s perspectives, and they arrive at a verdict according to the evidence and the law. That collective judgment is an important part of the confidence that Canadians place in our justice system. This seems a little dry, but we should not romanticize the responsibility. There is a real personal cost. Jurors in serious cases, as noted in some examples provided by my colleague from Kamloops—Thompson—Nicola, can be required to examine photographs, videos and testimony dealing with violence, abuse, death and some of the most disturbing circumstances imaginable. Their duty requires them to pay attention because someone’s liberty may depend upon their ability to understand the evidence and assess it fairly. True justice for the victim demands their attention. When the trial concludes, these jurors return home, and some silently bear lifelong wounds. The proceedings may be over, but that does not necessarily mean their effects disappear. In 2022, Parliament amended section 649 of the Criminal Code. Former jurors can now talk with their health care professionals when receiving medical or psychiatric treatment, therapy or counselling related to health issues arising from their jury service. That change recognizes something very important. Our responsibility to jurors should not end when they announce a verdict. If our justice system asks ordinary Canadians to expose themselves to difficult evidence and shoulder the responsibility of determining guilt or innocence, we should at least recognize what we have asked them to do. This is where recognition such as this can serve a purpose. It does not replace mental health services. It does not resolve every challenge with the jury service. We should be clear about that. However, the recognition can provide an opportunity to talk about those challenges. It gives Canadians an opportunity to better understand what jury service requires. Just as importantly, it gives us an opportunity to talk about citizenship itself. We spend a great deal of time discussing the rights that accompany Canadian citizenship, and justly so. Rights matter, but a healthy democracy also depends on responsibilities. It depends on citizens who participate, who vote, who respect the law, who contribute to their communities and who, when summoned, are willing to walk into a courthouse and perform one of the oldest and most consequential civic duties in our democratic tradition. There is something valuable about reminding ourselves of that. We live in a time when confidence in public institutions cannot simply be taken for granted. The jury, perhaps, is one of the clearest examples. A jury is not comprised of government officials or exclusively of judges or lawyers. It is composed of Canadians, such as a teacher, a farmer, a tradesperson, a small business owner, a parent or a retiree. People who may otherwise never enter a courtroom are entrusted with enormous responsibility within it for the duration of that trial to become indispensable participants in the administration of justice. For obvious reasons, there is usually very little public recognition at all. They simply return to their families, their communities and their jobs, and they carry with them an experience few people around them may fully understand. This is why this proposal is different from simply adding one date to the calendar. It asks Canadians to reflect on an institution and recognize our civic duty. Democracy survives because people are willing to participate in it. Justice works because people are willing to shoulder responsibilities, even if it is inconvenient. In an era where institutional trust is fragile and skepticism of government runs deep, we must preserve and celebrate the direct mechanisms of civic governance. Trial by jury is classical democracy in its purest form: justice administered not by a ruling class but by the people themselves. I urge all members to support this, on both sides of the House, honouring our jurors and reaffirming our commitment to this essential civic institution.
