Official Hansard
Mr. Speaker, I rise to speak on Bill S-226, legislation to establish national jury duty appreciation week. Trial by jury is a cornerstone of justice in a free and democratic society. Trial by jury is a profound expression of equality before the law, to be judged by one's peers, 12 fellow citizens. In so doing, juries play an integral role in upholding the right to a fair trial. As Lord Devlin famously said, trial by jury is “the lamp that shows that freedom lives”. The Law Commission of Canada, in its 1980 report on juries, highlighted the important role juries play in the administration of justice and in safeguarding the right to a fair trial. In that regard, the commission noted that juries tackle trials anew, free from the biases and predispositions that judges may acquire after presiding over similar cases over many years. Also, importantly, juries are not in court when applications to exclude evidence are brought forward. As a result, juries are not tainted by such evidence and the consequent real or perceived bias. There is something to be said about 12 citizens listening to a trial, being sequestered, deliberating on the evidence, challenging each other's views and reaching a collective judgment. That process gives weight and confidence to trial outcomes. For all of these reasons and more, juries perform a vital role in the administration of justice in Canada. Indeed, the right to a trial by jury is enshrined in the Charter of Rights and Freedoms for serious criminal matters and serious quasi-criminal matters. While juries play a vital role in the administration of justice, serving on a jury often comes at a significant personal cost. When someone is called to sit on a jury, they have their work-life balance disrupted. They often have to leave their place of work for sometimes days, sometimes weeks or sometimes months. Jury duty disrupts family and social life, all for very little remuneration. As well, there is no training. There is nothing that can fully prepare someone for discharging the responsibilities that are entrusted to jurors and that are performed every day with the very significant responsibilities that come with that. Given that there is a right to trial by jury for serious criminal matters, jurors often go through very difficult trials, where they are exposed to horrific evidence in many cases. In the face of such evidence, jurors cannot look away. They cannot close their eyes or cover their ears. They must take in the evidence. They must process the evidence and they must then, at the conclusion of a trial, be sequestered and go through the evidence. It is a stressful process. The stakes are high. After all, what could be a weightier decision than judging whether the accused in the most serious of criminal cases could spend the rest of his or her life behind bars? That is precisely what is expected of jurors. I have to say that even though I practised law before I was elected to this place, I did not practice criminal law, and I had not really given much consideration to some of these issues and challenges. It was not until 2017, when I sat on the justice committee, that the committee undertook the first study of its kind on juror supports. During the course of that study, many former jurors testified and told their stories about how jury service had impacted them, how it had changed their lives, former jurors like Mark Farrant and like Tina Daenzer, who served as juror number one in the Paul Bernardo trial. Mark Farrant and Tina Daenzer still suffer from mental health issues as a result of what they went through in very difficult trials, and they are, of course, not alone. Thousands of jurors experience mental health and other issues. One of the things we heard in the course of that study is that an impediment, in terms of jurors getting the help they need, is the jury secrecy rule. Pursuant to the jury secrecy rule, it is a criminal offence to disclose any aspect of the jury deliberation process, which, by the way, is often the most stressful aspect of jury service, to anyone, for life, even a medical professional. That begged the question, how can a former juror suffering from mental health issues get better and get the help they need when they cannot even discuss what is the core of their injury with a medical professional? That is why, in the unanimous report of the justice committee, it was recommended that a carve-out, an exception, be made to the jury secrecy rule. Following the issuance of the report, I worked with Mark Farrant and Tina Daenzer and brought forward a private member's bill to do just that, to carve out an exception whereby former jurors who are suffering from mental health issues arising from their jury service can disclose all aspects of that service to a medical professional bound by confidentiality, thereby respecting the integrity of the jury secrecy rule while seeing that former jurors can get the help and support that they need and that they deserve. Despite unanimous support at all stages, it took four bills in three different parliaments. I want to acknowledge the advocacy of Mark Farrant and Tina Daenzer, as well as Senator Pierre-Hugues Boisvenu for carrying that bill forward in the other place. That private member's bill, and how it came about, underscores why national jury duty appreciation week is needed. There are significant knowledge gaps. Dedicating such a week to jurors and their role would help Canadians better understand the vital role that they play in the administration of justice, as well as some of the challenges that they face. Mark Farrant said, quite appropriately, that jury service is the last mandatory form of civic duty in Canada. Each year, thousands of Canadians step up to perform that civic duty. It is time that we recognize these men and women for their contributions to our justice system with a week of appreciation.
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