Hon. Lucie Moncion: Honourable senators, I have the honour to table, in both official languages, the fifth report of the Standing Committee on Internal Economy, Budgets and Administration entitled Financial Statements of the Senate of Canada for the year ended March 31, 2022.

Hon. Lucie Moncion moved second reading of Bill S-252, An Act respecting Jury Duty Appreciation Week.

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

Every year, thousands of Canadians are called to jury duty. Canadians, provincial governments and the federal government recognize that jury duty is a vital component of our justice system and our democracy. However, this recognition is not expressed annually and is not reflected in governments’ support for this cause. Even less well known are the challenges concerning the mental health supports available to individuals who carry out this civic duty.

Given my experience as a former juror, I have had several opportunities in this chamber to tell you about the challenges faced by jurors. Across Canada, from one province or territory to the next, this lack of understanding impedes the cause of jurors. Jury duty is a part of our justice system that deserves to be promoted and celebrated. My intention with Bill S-252 is to create an annual national event dedicated to promoting and raising awareness of all of the issues affecting current and former jurors.

In order to honour and show my gratitude to these citizens, I tabled a motion in the last session, asking the government to designate the second week of May in each year as Jury Appreciation Week in Canada. This motion was adopted by the Senate on May 12.

In particular, I would like to thank my colleagues, Senators Boisvenu and Dalphond, who have consistently supported the cause of jurors’ well-being for several years now. I would also like to mention Senator Kutcher, who is also concerned about the welfare of jurors and who has spoken in this chamber on that issue.

Senator Gold also spoke in support of the motion on behalf of the government and the Minister of Justice. In his speech, he emphasized the invaluable service of individuals called to do jury duty and said that passing this motion would be a modest gesture of our appreciation.

I would like to read a short excerpt from his speech. He said, and I quote:

While most Canadians understand the importance of jury duty and view it as a part of their civic responsibility in a free and fair democracy, they often don’t fully grasp the potential disruption to their lives and the lives of their families.

I am grateful for the support of my colleagues and the government in designating a Jury Appreciation Week in Canada.

Honourable senators, I think you will agree that the issues that affect jurors deserve our attention and the attention of Canadians at least once a year. These include recognition of the contribution of current and former jurors to the justice system and democracy, the mental health and well-being of current and former jurors, access to justice, and issues of representation and diversity on juries.

As senators, we have the privilege of being able to introduce bills to proclaim a national day or week. I want to take this opportunity to create a Canadian Jury Duty Appreciation Week through legislation. This official designation will reflect the scope and significance of these citizens’ contribution to the Canadian justice system. The preamble of Bill S-252 is a good starting point for better understanding the importance of this official recognition.

The preamble states:

 . . . whereas designating a week dedicated to the appreciation of jury duty will highlight the work that jurors do and will help to educate citizens, organizations, the justice system as a whole, and the provincial and federal governments about the issues involved in fulfilling this civic duty;

The psychological damage suffered by jurors can sometimes resurface long after a trial. Like other former jurors, I suffered from post-traumatic stress disorder. Although the first-degree murder trial for which I served as a juror was held 30 years ago, I live with the repercussions of that experience every day. It would be nice if once a year, for one week, we could recognize this reality that affects thousands of Canadians and their families.

[English]

The annual recognition of jury duty would help encourage and promote ongoing and timely conversations between the federal government, the provinces and territories and the various stakeholders about the importance of improving support for jurors across Canada. It is also the occasion to remind ourselves of the daily struggles some jurors and former jurors experience with regard to their mental health.

Colleagues, the cause of jurors and their welfare has progressed very humbly in recent years. I believe the humble progression is in part due to the absence of a yearly reminder of the importance of jury duty.

In 2014, Mark Farrant was a juror in a first-degree murder trial. He helped raise awareness of the need for more jury support in Canada. Drawing from his own experience, he identified the gaps in support provided to jurors. He discovered that his experience was only the tip of the iceberg. Mark was diagnosed with PTSD after the trial and, like many other former jurors, he struggled to find support.

In 2016, his advocacy helped prompt the Ontario government to launch a free counselling program for former jurors. In 2017, Mark shed light on the issues at a national level. He brought the “12 angry letters” to the attention of parliamentarians and government officials. In those letters, 12 former jurors chronicled their suffering and struggle to find support.

[Translation]

It was not until 2017 that a parliamentary committee studied the issue for the first time. At its June 8, 2017, meeting, the House of Commons Standing Committee on Justice and Human Rights adopted a motion to conduct a study into counselling and other mental health supports for jurors. The study resulted in the tabling of a report entitled Improving Support for Jurors in Canada in May 2018. The fourth recommendation in this report was the genesis of Bill C-417, which was introduced for the first time on October 29, 2018.

The justice committee had recommended that an exception to the secrecy rule be created. I must congratulate Senator Boisvenu on the passage of Bill S-206, the former Bill C-417, An Act to amend the Criminal Code (disclosure of information by jurors), which implements this recommendation. The bill just received Royal Assent on October 18, 2022.

Despite many obstacles, ranging from prorogation to elections, Senator Boisvenu ably brought this bill to its conclusion. The passage of this bill is a pivotal moment in the quest for adequate support for the psychological well-being of Canadian jurors.

[English]

Colleagues, how can we continue this progress? I strongly believe that to bring change, we need to be reminded of the issues at stake. This is exactly what jury duty appreciation week will help accomplish. This has been the approach in other jurisdictions. The proposed week, the second week of May, coincides with the recognition of such a week by the American Bar Association and by other jurisdictions, notably the states of California and Louisiana. 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.

The California legislature designated that week back in 1998. I think it’s important to go back to the resolution adopted by the legislature at the time. It reads:

Resolved by the Assembly of the State of California, the Senate thereof concurring, That the week of May 10, 1998, to May 16, 1998, inclusive, and the second full week in May of each year thereafter shall be proclaimed and celebrated as annual Juror Appreciation Week throughout the state, in honor of the thousands of citizens who support the jury system, thereby making the cherished right of trial by jury a reality;

This was in 1998, colleagues. In 2022 — or 2023 for that matter — I believe Canada is ready to do the same.

In Canada, the week is now recognized by multiple stakeholders and by the federal government. It is not, however, enshrined in law. It was recognized for the first time in 2022 by the Canadian Juries Commission, which took the lead to put jury duty at the forefront, nationally, from May 9 to May 13.

Let me take the time here to recognize the invaluable contributions of the commission, including its founder and CEO, Mark Farrant; Tina Daenzer, CFO/COO; and all the hard‑working board members who accomplish great and important work with very little. Their advocacy and relentless efforts are truly admirable. The official recognition of the week would help the Canadian Juries Commission fill in the gaps in support for jurors across Canada and help their efforts to implement some of the recommendations of the 2018 report of the Standing Committee on Justice and Human Rights.

[Translation]

Your Honour, colleagues, by supporting Bill S-252, we can remind Canadians and the government, each and every year, of the issues that affect jurors. Since this proposal is very simple, I hope we can pass the bill as soon as possible so that it can be sent to the other place. Thank you for your attention.