44th Parl. 1st Sess.
May 12, 2022 10:00AM
, seconded by the member for Cowichan—Malahat—Langford, moved that Bill S-206, An Act to amend the Criminal Code (disclosure of information by jurors), be read the second time and referred to a committee.
He said: Madam Speaker, it is an honour to rise to speak on Bill S-206, an act to amend the Criminal Code. It is a bill that will go a long way to supporting juror mental health in Canada, and it is quite appropriate that we are debating the bill this week, as it is Jury Duty Appreciation Week. More specifically, this proposed legislation would amend section 649 of the Criminal Code, which is often known as the “jury secrecy” rule.
As it stands, it is a Criminal Code offence for a former juror to disclose any aspect of the jury deliberation process with anyone for life, even a medical professional. The bill before us would carve out a narrow exception to that rule, whereby a former juror who is suffering from mental health issues arising from jury service would be able to disclose all aspects of that service, including the deliberation process, to a medical professional bound by confidentiality.
The bill would implement a key recommendation from the unanimous report of the justice committee in 2018 arising from a study on juror supports, which was initiated by the member for Cowichan—Malahat—Langford, whom I am very proud to have as a seconder. I want to acknowledge his advocacy for juror mental health.
This legislation is based on a law that currently exists in the Australian state of Victoria. It is a bill that has had unanimous support all the way through. I introduced a substantively similar bill back in the 42nd Parliament that passed all legislative stages in the House unanimously. Unfortunately, it died on the Order Paper due to the call of the 2019 election.
Following the 2019 election, I reached out to Senator Pierre Boisvenu and Senator Lucie Moncion, who is a former juror who suffered from mental health issues arising from her jury service. Senator Boisvenu, with the support of Senator Moncion, introduced the same bill in the Senate. We hoped that it would proceed expeditiously there. Unfortunately, it did not: not because of a lack of support, but because of COVID and the fact that the other place took up largely government business through the 43rd Parliament.
Then, we had another election. Senator Boisvenu introduced a bill yet again and, thanks to his leadership and the leadership of Senator Moncion, it passed the upper place unanimously in December. In the nearly seven years that I have been a member of Parliament, I have not seen very many issues on which there was such broad agreement: unanimous support from all parliamentarians at all legislative stages, and unanimous support from key stakeholders including former jurors, lawyers and medical professionals.
Jurors play an integral role in the administration of justice in Canada, often at a considerable cost, including to one's mental health. I think a lot of Canadians appreciate the work of jurors, but unless one is a former juror, sometimes it is difficult to fully comprehend exactly what jury service involves.
When we commenced the juror supports study, we heard from former jurors who had gone through very difficult trials, who had been exposed to horrific evidence and who suffered from mental health issues arising from their jury service, including PTSD. I think it is important that some of the testimony we heard before the justice committee is entered into the record of this place to provide an understanding and a context for why this bill is needed.
One of the jurors who appeared before the justice committee was Tina Daenzer. Tina served as juror number one in the Paul Bernardo trial. This is what she had to say about her experience:
Imagine watching young girls being raped and tortured over and over again. You couldn't close your eyes and you couldn't look away because your duty was to watch the evidence.
Tina suffered from PTSD following the Bernardo trial. That trial was in 1995. Twenty-seven years later, Tina is still dealing with the residual effects of that trial.
Mark Farrant came before our committee, and I was honoured to have him join me and colleagues across party lines today. Mark is one of the leading advocates for juror supports and addressing the issue of juror mental health. He is the president of the Canadian Juries Commission, which is doing important work in that area, but at one time Mark was a jury foreman in a particularly gruesome trial. This is what he said when he came to the justice committee:
As a juror, you are extremely isolated. You cannot communicate with anyone in any form about the events in court or even really with other jurors. I would leave the court in a trance, not remembering even how I got home. I would stare blankly into space during meetings at work or at home while my three-year old daughter tried desperately to engage with me. My then pregnant wife, who had such an engaged husband during her first pregnancy, now had an emotional zombie in me, unable or unwilling to communicate.
I expected these feelings to subside as I left the courthouse on the day the verdict was delivered....
My feelings didn't subside. They intensified and deepened. After the trial, I cut off communication with all friends and family, only interacting with colleagues at work, and then only superficially. I became hypervigilant around my kids, refusing to let them walk alone, even a few steps in front of me. I became unable to handle crowds and public spaces. My diet changed. I was unable to look at and prepare raw meat without gagging, something that persists to this day.
Patrick Fleming, who was a juror on a 10-month murder trial, also shared a similar story. He spoke about the need to get help. He said, “I so desperately needed to talk to a professional, someone who could help me work through my feelings and thoughts.”
That is just a taste of the testimony that we heard at the justice committee from these and other former jurors. Their stories and their experiences are felt by thousands of jurors across Canada. Of course, not everyone has PTSD and not everyone suffers from mental health issues, even jurors who go through very difficult trials, but different people react differently. It is a very serious issue involving jurors that has to be addressed for them to get the help they need. Clearly, jurors should not be cast aside and ignored, when they are merely fulfilling what is the last mandatory forum of civic duty since the abolition of conscription.
At the justice committee, one of the things we looked at in impediments for jurors to get the full support and help that they need is the juror secrecy rule. That is because, in part, the deliberation process is one of, if not the, most stressful aspects of jury service. I ask members to imagine being sequestered with other strangers, having to go through horrific evidence with the pressure of making a decision, and having the regard for the gravity of that decision, including, perhaps, sending someone to jail for the rest of his or her life, not to mention the impact that such an outcome could have on victims and victims' families, and the desire to see that justice is carried out.
Dr. Sonia Chopra, a psychologist who was a former juror and who has done considerable work around juror supports, identified, as a result of conducting a number of interviews with former jurors, that of the 10 top stressors of jury duty, seven of the 10 involve the deliberation process and the determination of a verdict. That, then, begs the question, of how can one get better. How can one get the help they need to get better when they cannot talk about what is at the core of their injury?
That is where this bill comes in. It carves out a narrow exception to the jury secrecy rule so jurors are not inhibited, all the while protecting the integrity of that rule. There are good reasons for the jury secrecy rule. They include the need to see the finality of the verdict, to respect the privacy of former jurors and to respect the sanctity of the deliberation process. None of those things are impacted or impeded upon as a result of this bill because, again, this narrow exception would be posttrial in a strictly confidential context, namely with a medical professional bound by confidentiality.
This bill has been studied exhaustively. It has received unanimous support at all stages. We owe it to jurors in Canada to support them and to help them be able to get the help they need. This bill is a small but important step in that direction. I urge its speedy passage.
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Mr. Speaker, I thank my colleague for his speech on the bill.
As he mentioned, this week, we are highlighting the importance of jurors' work within our justice system. Jury duty is an obligation. Because it is an obligation, the government has to help jurors as best it can by making their task less arduous.
The testimony in certain trials can be difficult to listen to. Would recognizing the possibility of PTSD in that context be a way to help jurors in some of these cases?
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Mr. Speaker, the member for Shefford is absolutely right. There are jurors, and we heard from them at the justice committee. Mark Farrant, who is a leading advocate, suffered from PTSD. His life has forever been changed. Despite the enormous difficulties that he experienced, he is trying to put those challenges to good use to help other jurors so they can get support and they can get help.
I do want to underscore one thing. These former jurors are not complaining about jury service. They are proud of having been a juror. They are proud of having performed their civic duty. All they are asking for is that they should not have to do their civic duty at the expense of their mental health.
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Mr. Speaker, Bill S-206 proposes a change to the existing rules regarding the confidentiality of deliberations between members of a jury who have to decide the fate of an accused person.
The rule about the confidentiality of jury proceedings is set out in section 649 of the Criminal Code and is also called “Lord Mansfield's rule”. It is a cornerstone of common law and the British criminal justice system.
This rule is anything but trivial. The jury is the trier of fact. The judge presiding over a trial is the trier of law. The judge adjudicates matters of law that arise over the course of the trial and gives the necessary advice to inform and guide the jury regarding these matters. That said, at the end of the day, as intended by the legislator, it is the members of the jury who decide whether the accused is guilty or innocent.
The role of jurors is therefore vitally important to the judicial process. When they deliberate, they need to feel completely free to say what they think out loud without later worrying about being publicly quoted as having put forward a certain idea or opinion. Obviously, the jurors will often disagree with one another when they first begin their deliberations, but they will work together to consider all of the facts entered into evidence during the trial, which could go on for many weeks in some cases.
At that point, the success of their work will basically depend on the flow of their debate and how comfortable they feel talking freely and unreservedly among themselves. I am thinking of the ability to share the uninhibited, unfiltered thoughts that come into our minds as we think about what we are going to say.
The legislator grants the jury a type of legal status—a partial, temporary status—that lasts only as long as the trial. The jury will then speak with one voice and render a unanimous verdict, like a single person who speaks after carefully considering and weighing all aspects of an issue.
It is therefore easy to see that a sound decision requires absolute confidence in the confidentiality of their deliberations, just as every one of us refuses to compromise the integrity and inviolability of our thoughts. Anyone who, rightly or wrongly, believes someone else is probing their thoughts will self-censor and be unable to think freely. That is anathema to a healthy thought process and wise deliberation.
Section 649 of the Criminal Code states that it is an offence for a member of a jury or anyone assisting them to:
[disclose] any information relating to the proceedings of the jury when it was absent from the courtroom that was not subsequently disclosed in open court....
This is the rule that ensures sound, reasonable decisions.
That said, jury duty is not always easy. Sometimes, the facts and evidence of a criminal case can be so intense that they have a significant impact on the jury members hearing the case. Unfortunately, violence and horror can feature prominently in the crimes a person is accused of.
In some cases, jury members can be traumatized to such an extent that they have to consult a health professional to deal with it. Some experiences have drastically transformed the lives of jurors left to cope with their trauma alone.
These people did not choose to be jurors. They were chosen, and they had a legal obligation to fulfil that duty. They clearly deserve our gratitude and our support. As things stand now, it is more difficult for them to receive care and adequate treatment when they are suffering, as they cannot freely speak about their trauma without contravening section 649 of the Criminal Code.
Bill S‑206 proposes to allow members of a jury to be exempt from this rule of confidentiality if they require professional health services for medical or psychiatric treatment, therapy or counselling provided after the trial.
Ensuring access to adequate and efficient health services for those who generously contributed to the justice system is obviously paramount, as common sense dictates. I can only concur with what is fair and obvious.
Bill S-206 asks us to examine a proposed new paragraph (c) under section 649 of the Criminal Code, adding new exceptions to those already established in paragraphs (a) and (b) to allow for evidence to be given in obstruction of justice cases. The proposed paragraph (c) adds an exemption from the confidentiality obligation for the purposes of:
any medical or psychiatric treatment or any therapy or counselling that a person referred to in subsection (1) receives from a health care professional after the completion of the trial in relation to health issues arising out of or related to the person's service at the trial as a juror or as a person who provided support services to a juror.
The proposed subsection 649(3) also adds that the health care professional who provides any medical or psychiatric treatment or any therapy or counselling must be entitled to do so under the laws of a province.
To conclude, Bill S‑206 clearly deserves to be adopted at this stage and referred to a committee. After hearing from experts, we will determine if it can be passed in its current form or if it should be improved or even rejected. At this time, the Bloc Québécois intends to vote in favour of sending Bill S‑206 to a committee.
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Mr. Speaker, I would like to start by thanking the member for St. Albert—Edmonton for asking me to speak to Bill S-206. It has a personal part in my life and in my family. I also want to thank him for his tenacity. He has a gift of identifying an injustice and also suggesting a solution. He is able to recognize a weakness in our system and offer a very sensible, common sense remedy.
Some people may think this is a very small change, but it is going to make a huge difference in the lives of Canadians who have done their civil duty to serve as a juror, which is the last mandatory civil duty. As was mentioned, conscription was previously the other mandatory civil duty, but it was abolished.
This bill would carve out an exception to the jury secrecy rule and allow the disclosure of the deliberation process by jurors to a health care professional who is bound by confidentiality. I can only imagine these trials and deliberations subject jurors to traumatizing evidence and stress. We heard about Paul Bernardo and some of these other trials, and it has been proven that these can cause post-traumatic stress disorder.
These jurors almost always have mental health challenges, and they need the services they deserve. Sadly, today they do not have access to them. As an advocate for victims' rights, I am so proud to speak to this bill because sometimes these jurors, who are stepping up, become other victims of these crimes. I want to thank my colleagues in the House for speaking positively to the bill, as well as those in the Senate. Senator Boisvenu was acknowledged.
The goal here is to help Canadians who step up to accept the duty of being a juror and perform these essential services to the Canadian public. Our system of justice, sadly, often forgets the victims of these crimes. These jurors become victims because of the jury experience, and it is only right we support them. We can and we must do better.
The member for St. Albert—Edmonton originally introduced this initiative in October of 2018, so it has been going for almost four years now. It is about time, and maybe the third time we will be lucky and we will get this passed. This is an example of a bill supported across party lines. It is a solution brought about from witnesses who were listened to at the Standing Committee on Justice and Human Rights. Parliamentarians heard first-hand from jurors who had lived through some of the most difficult trials in Canadian history. These are jurors who were exposed to horrific evidence, evidence that in some cases has made permanent changes in their lives.
Imagine someone who sees these horrible pictures. They cannot unsee them. They cannot unhear the screams and the victims' stories. We need to be there to support these people who are so essential to our justice system. There are incessant questions when they go back to their ordinary lives, their work and their families. I ask members to imagine dealing with these incessant questions and repetitions after their duty has been done, as well as the suffering that can occur. There are also the questions from their loved ones who are wondering why they are not the same person they were before jury duty.
Can members imagine being diagnosed with PTSD and not being able to talk to a professional who could make a real difference in their life? This is something that is affecting each and every one of us. As I said earlier, it has affected my family. I have one family member who was asked to be a juror in a child pornography case. That case was only two weeks long, but that was two weeks away from work, family and friends. One cannot not be affected by the things one sees, yet he says he would do it again. He was proud to do it and to step up.
However, we need to make sure they get the support they need. I have another family member who was a juror in a horrible murder trial that was on for two months, and she was in the same situation. She said that it was a horrific case and that one could not go through this case and not be affected after. She realized that Canadians who serve as jurors should not become sick themselves.
With that, I support this bill. I want to thank all members in this House, particularly the member for St. Albert—Edmonton, for allowing this bill to go through.
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