Moved third reading of Bill S-252, An Act respecting Jury Duty Appreciation Week.

She said: Honourable senators, I rise today to speak at third reading as the sponsor of Bill S-252, An Act respecting Jury Duty Appreciation Week.

Bill S-252 proposes to recognize jury duty appreciation week during the second week of May each year in Canada.

Over the past few years, I’ve had the privilege of speaking on a number of occasions in this chamber in support of the recognition of jury duty in Canada. In particular, a motion I moved calling on the federal government to recognize a national jury duty appreciation week was adopted by the Senate on May 12, 2022. I was also the critic for Bill S-206, a bill sponsored by Senator Boisvenu that lifted the rule of secrecy in very specific cases and therefore allowed jurors to talk to a mental health professional about jury deliberations after a trial. That bill was passed and received Royal Assent in 2022. These interventions enabled me to shed light on an issue that was previously little known to parliamentarians.

As senators, we have the privilege of proposing bills to establish national days or weeks. Although the symbolic scope of this process sometimes draws criticism, it helps fill certain gaps by generating a national dialogue on issues that are important but less well known to governments and Canadians.

Weeks like this offer an opportunity to achieve a number of goals. In addition to promoting recognition, education and awareness among Canadians about this civic duty, a national week honouring the role of jurors would foster collaboration and coordination efforts by organizations, courts and provincial and territorial governments in implementing the recommendations of the 2018 report of the House of Commons Standing Committee on Justice and Human Rights entitled Improving support for jurors in Canada. The Standing Senate Committee on Social Affairs, Science and Technology made observations on the bill, and a national week would also permit an examination of those observations.

Why does the bill propose the second week of May as jury duty appreciation week? It’s a question that I was asked in committee and that I would like to answer in this chamber as well, to explain the reason for this choice.

Spring marks the end of many trials, making it an appropriate time to express our gratitude to jurors and recognize their contribution to the justice system. The conclusion of a trial is also an opportunity to inform jurors about the support available to them.

In the United States, the second week of May coincides with the recognition of such a week by the American Bar Association and by other jurisdictions, notably California and Louisiana. In addition, courts across the U.S., as well as the Texas and Oregon legislatures and the Pennsylvania State Senate, also recognize a week dedicated to honouring jury duty in the month of May.

In Canada, the second week of May has already been acknowledged as a week of recognition for two years by various stakeholders and by the federal government, through the Minister of Justice. The Senate recognized the week in question when it adopted a motion on May 12. As you can understand, colleagues, it is not very efficient to propose a similar motion every year. These recognitions are not legislated and therefore provide no long-term certainty to those involved in and affected by this cause. We are talking about thousands of Canadians every year.

Bill S-252 is not just about the symbolic recognition of jury duty. Enshrining an official week in legislation could be a catalyst for change in many ways. The bill’s preamble not only helps us understand the bill’s purpose, but also enables us to look ahead to understand the potential scope of the proposal. The preamble recognizes that thousands of Canadians are called upon to serve as jurors every year and that jury duty is a vital component of our justice system and our democracy. Promoting jury duty could foster a sense of pride and accomplishment that would help jurors feel that their sacrifices are seen and recognized by the government and the justice system.

The preamble also draws attention to the link between the mental health and well-being of jurors and the proper functioning of our justice system. This is something that I really care about, since I myself have suffered from post-traumatic stress disorder as a result of my experience as a juror. Tangible measures must be put in place to support jurors before, during and after their service. Better informing and preparing jurors before the trial could make a huge difference in their ability to handle this responsibility calmly and objectively. This means clear and transparent communication about how the trial will unfold, the rules the jurors must follow and the different types of cases that they may have to deal with.

When people are called for jury duty, they often have no idea what awaits them. All they get is an order to show up at court, or else they’ll be fined $5,000 or have to serve time. They’re told nothing about what’s in store for them. Faced with a complex system and strong emotions, they’re often unprepared to manage the stress and the psychological impact of the experience. Jurors also need support after the trial. They may need time to process the testimony and the verdict, time to talk about their experiences with others who have been through the same thing and time to talk to mental health professionals if necessary.

Jurors must receive better support throughout the process, right from that first summons. Designating an official week each year would increase awareness of how jurors’ well-being and the proper functioning of the Canadian justice system are interrelated. This will help certain key players understand the nature of that connection.

Lastly, the preamble states that this legislation will serve as an educational initiative seeking to inform and mobilize citizens, organizations, the justice system as a whole, and the provincial and federal governments, by promoting greater awareness and understanding of the complex issues involved in performing this civic duty. An initiative to celebrate a national appreciation week will help address the fragmentation in our current system, which encourages discussions in silos between various organizations and the provinces and territories when it comes to the administration of justice or even the delivery of mental health services. While respecting the jurisdictions of the provinces and territories, the bill lays the foundations for cooperative federalism in juror support and builds a bridge between a variety of civil society actors who work in fields related to justice, education and health.

To address gaps in support for jurors, a dedicated jury duty appreciation week could significantly enhance the juror experience across multiple aspects. Drawing on the accounts of former jurors and my own firsthand observations, the following examples highlight key needs that such a week could address.

Serving as a juror can be a psychologically challenging experience and may even lead to symptoms of post-traumatic stress disorder. Jurors and their families face a variety of pressures, and the repercussions of serving on a jury can be felt long after the trial is over.

The lack of financial support, especially for low-income individuals, is a major stress factor that undermines the representation and diversity of Canadian juries. Juror pay is currently below the minimum wage. In Ontario, for example, a juror receives $5 per hour, which does not compensate for the loss of income incurred by participating in the justice system. The lack of financial support can make it difficult for low‑income individuals to serve on juries and can lead to a lack of diversity in the jury-selection process.

Employers often underestimate the challenges faced by employees called for jury duty. Support and compensation from employers, provinces and territories are mostly negligible and insufficient. The lack of support can make it difficult for employees to serve on juries and can lead to financial hardship and job loss.

Finally, after a trial our society expects jurors to return to their normal lives as if nothing had happened. Employers often perceive this extended absence as vacation time. Educating employers, in particular, is essential. Employers need to be made aware of the challenges faced by jurors, and they need to be prepared to support their employees who are called for jury duty.

It is imperative to address these unrealistic expectations and start discussions about removing these barriers in order to create a more inclusive and equitable jury system. Supporting the well-being of those who make sacrifices to ensure the proper functioning of the Canadian judicial system and democracy is essential. This includes providing adequate financial support, ensuring job security and offering mental health resources to jurors.

Bill S-252 is the key to creating an environment conducive to achieving these goals.

Based on my experience as juror number one in a first-degree murder trial, conversations with former jurors and stakeholders, and the reflections of our parliamentary committees, I’ve come to believe that federal leadership is necessary. There is a real gap that needs to be filled at the national level.

I will now briefly discuss the federal government’s role with respect to jury duty. The lack of federal leadership partly results from the fragmented and inconsistent services and supports provided to jurors. This same deficiency also accounts for the failure to recognize how the juror’s role contributes to justice and democracy in Canada.

Justice is a shared jurisdiction. The role of the federal government and the Department of Justice is pivotal in each of the recommendations made in the 2018 report entitled Improving support for jurors in Canada. All this is also consistent with the purpose of Bill S-252.

For example, the report recommends federal funding in certain areas and the sharing of best practices with the provinces and territories. It also highlights the importance of raising awareness among judges, coroners and judicial officers about the potential impact of court proceedings on the mental health of jurors.

While jury duty is a vital function of our justice system and democracy, the federal government has not yet taken a leading role in supporting jurors. This bill proposes an effective way for the federal government to address this gap, all while respecting the provincial and territorial administration of justice.

I had the privilege of appearing before the Standing Senate Committee on Social Affairs, Science and Technology as part of its study of Bill S-252. The members of the committee listened to my testimony with attention and compassion. I am very grateful for their kindness and consideration.

The committee members not only showed great sensitivity toward me and the other witnesses, but also took a pragmatic and analytical approach to examining these issues. The committee’s report does not contain any amendments, but it does make three constructive observations.

The first observation concerns the lack of diversity in juries in Canada, particularly with respect to the representation of racialized, Black and Indigenous peoples. The committee therefore recommends that the federal, provincial, territorial and Indigenous governments try to identify measures that improve the diversity of juries in accordance with the intent to be judged by a jury of our peers.

The second observation concerns vicarious trauma experienced by jurors, and mental health programs and services. As defined by Health Canada:

Vicarious trauma is the experience of bearing witness to the atrocities committed against another. It is the result of absorbing the sight, smell, sound, touch and feel of the stories told in detail by victims searching for a way to release their own pain. . . . Vicarious trauma is the energy that comes from being in the presence of trauma and it is how our bodies and psyche react to the profound despair, rage and pain.

I wish I’d known the notion of vicarious trauma when I was going through difficult times as a result of my experience as a juror. It would have helped me understand that my feelings were both normal and valid, and I’m sure it’s the case for many other former jurors. Understanding the science behind our experience can be powerful in our recovery, and having access to evidence‑based programs is crucial.

With respect to this second observation, the committee expresses concern about the lack of mental health support for jurors before, during and after a trial. It therefore recommends the creation of comprehensive government programs focused on trauma management to support and protect the well-being of jurors.

The third observation underlines the financial impact on the participation of Canadians in jury duty, particularly in terms of lost wages, but also the lack of adequate compensation for expenses incurred in the performance of jury duty, including child care and travel. These financial barriers partly explain the lack of diversity on juries. In response, the committee proposes that the Government of Canada consider using the Employment Insurance program to provide financial support to jurors during their service.

On the subject of financial compensation, Tina Daenzer, a former juror who testified before the committee, explained as follows:

Jury pay is still woefully inadequate in order to ensure a truly well-balanced jury panel. In fact, in Ontario, it has not changed since I sat on the Bernardo trial in 1995. The initial ten days are unpaid until the tenth day, when you receive $40 per day.

She sat in 1995, I sat on a jury in 1989, and the same rules applied then.

Millions of Canadians work in minimum wage jobs or in the gig community, which means that they are financially unable to participate in the jury process. If we truly want a jury of our peers, then we need to ensure that every Canadian can participate.

The former jurors and other witnesses heard by the committee were unanimous in their view that this week of appreciation is necessary not only to raise awareness but also to recognize and celebrate those who have exercised this duty. A national week would provide an opportunity for in-depth reflection and discussion on the observations made by the Social Affairs Committee and the recommendations contained in the Justice Committee report from the other place, which now dates back six years.

The Senate has already voted in favour of recognizing jury duty appreciation week through a motion. I hope, colleagues, that I can count on your support for this modest and simple legislative proposal. The adoption of Bill S-252 by Parliament would reflect the scope and importance of the contributions of citizens who serve as jurors. This recognition would show our appreciation for the sacrifices they make and the important role they play in ensuring the proper functioning of our justice system.

I’d like to quote Tina Daenzer once again, this time on Canadian society’s lack of appreciation for jurors. During her testimony before the Social Affairs Committee on Bill S-252, she said:

If the job of sitting on a jury is so important to our entire legal system, why are the people selected so underappreciated in both adequate pay and mental health support? Many studies have shown that recognition in the workplace boosts engagement, attracts better employees, helps employees find meaning and reinforces the positive. As a country, we should all want that not just for employees but also for those who are chosen as jurors. We must ensure they feel supported and appreciated, and at the end of the trial, they can walk away feeling like it was a rewarding and enriching experience.

I’m going to depart from my speech for a minute. This is probably the last time I will speak on my experience as a juror, and I will tell you a story.

For the last 35 years, I’ve been worried that the people who were convicted would someday come out of jail and come after me or anyone who was on the jury. That was one of my concerns. The other concern that I had as a juror was about the first-degree murder verdict that we decided upon. There was always a doubt — not because we didn’t have the evidence, but because there was always a thought: “What if I made a mistake, or what if it was the wrong verdict?”

A little while I go, I decided to google the names of the two convicts. I came up with the name of one of them. That person has been out of jail since 2014. He is now 62 years old. He is a reformed inmate. In the segment that I saw, he was speaking about his life as an inmate. Not only did he confirm that he had killed the person who was the subject of the jury trial upon which we served when he was first convicted, but he also killed again when he was in prison.

What I could see from his testimony today is that this man is reformed. Like I said, he is a 62-year-old man. He lives somewhere in this country. He’s a grandfather, and he is reformed. He has written a book. He goes into schools and testifies and speaks to young people there, and he talks about his experience. He talks about how he became an inmate, how he got into the life that he did, what happened to him in prison to make him change his way of thinking, and that what he developed while he was in prison was empathy. He started to understand that everything he was doing had consequences on others.

This man is now a reformed man. He’s now a working Canadian. He is part of our society. After reading this, I told my husband, “I saw this.” He said, “Are you telling me that you pardon him for what he did?” I said to him, “I’m not sure if I pardon him, and I’m not sure how I feel about this man today.” But I’ve always wanted to make sure that there was something good that came out of the work that I had done 35 years ago. I only googled the name of the person, so I was only able to find the information on one person. This man has also written a book.

It’s just a story. For me, it is like closing the loop on this. I still don’t know how I feel about this man and where he is in his life today. One of the things that he said is that he is not proud of what he has done. He was incarcerated for 32 years, but he said, “I still live in a prison of my own making because I’m still living with what I have done, and this is something I will carry to my death.”

On that note, I would remind senators that by supporting Bill S-252, we are raising awareness among Canadians and governments, every year, about the many issues associated with jury duty.

I’m sure you can see that time is of the essence. This bill needs to go back to the House of Commons. I humbly request your support so this bill can go through the process in the other place quickly.

Thank you for your attention.

Thank you for the question, senator, and thank you for all the good questions that you and all your colleagues on the Social Affairs, Science and Technology Committee were asking when we, the witnesses, attended.

A lot of things are already in the process, and they were used last year in Jury Duty Appreciation Week. This information is being built as different provinces come into the program. Since we started working on the changes to the legislation for the secrecy rules, a Canadian Juries Commission has been created, and their work is to bring awareness to the work that jurors have to do.

They are working with provinces that want to come onboard. So there is information on the web that is available. There are all kinds of courses people can take or sessions they can participate in to prepare them for jury duty. There are different things that are done in different provinces.

This work has been building over the last couple of years, so more and more material is available. There is going to be more information provided for employers whenever a staff member is asked to be on jury duty. Understanding the obligations as an employer, the work that the juror is going to have to do and how time consuming that is — all this information is provided. But it will also be made more accessible.

The appreciation week just brings awareness. Then people will maybe start looking at that information and see what happens when they are called to become jurors. There is going to be more information available, and all kinds of tools are out there now to help jury duty.

Thank you.