Bill C-417 (Historical)

An Act to amend the Criminal Code (disclosure of information by jurors)

This enactment amends the Criminal Code to provide that the prohibition against the disclosure of information relating to jury proceedings does not, in certain circumstances, apply in respect of disclosure by jurors to health care professionals.

Criminal Code

[Arif Virani, Liberal, Parliamentary Secretary to the Minister of Justice and Attorney General of Canada]

Mr. Speaker, I am pleased to rise today to speak to Bill C-417, an act to amend the Criminal Code (disclosure of information by jurors), initiated by the member for St. Albert—Edmonton.

As is readily apparent this evening, the bill proposes to amend the Criminal Code to provide that the prohibition against the disclosure of information relating to jury proceedings does not, in certain circumstances, apply in respect of disclosure by jurors to health care professionals.

Our government indeed recognizes the crucial role in dedicated service of jurors in the Canadian justice system, as stated by a former juror, Mark Farrant, who was indeed quoted by the moving member, the member for St. Albert—Edmonton. Mr. Farrant said in his testimony before the Standing Committee on Justice and Human Rights that, “Jurors are an important pillar of the justice system.”

Members heard reference to Mr. Farrant, repeatedly, this evening.

Before November 22 of last year and February 8 of this year, that justice committee undertook a study that culminated in their report, “Improving support for jurors in Canada”, which was rendered in May of this year. The committee held eight meetings in Ottawa to hear evidence from witnesses, including former jurors, Canadian and foreign government representatives who work directly with jurors or in justice departments, Canadian and international lawyers, and other experts interested in the stresses that are associated with jury duty.

Again, those committee deliberations and that committee report have been referred to extensively in the speeches we have heard thus far tonight.

First of all, I want to indicate our thanks to the committee for their thorough study and their important report on this important issue. What I would like to do now is take a moment to explain the jury process in Canada, because understanding the roles that jurors are asked to play is necessary to finding solutions to assist them with the difficulties that can result from their very important public service.

For criminal cases, section 11(f) of the Canadian Charter of Rights and Freedoms is a trigger. What that does is it grants any person charged with an offence the right:

....to the benefit of trial by jury where the maximum punishment for the offence is imprisonment for five years or a more severe punishment.

As provided in section 471 of the Criminal Code:

Except where otherwise expressly provided by law, every accused who is charged with an indictable offence shall be tried by a court composed of a judge and jury.

When a person is charged with a crime listed in section 469 of the Criminal Code, the trial will automatically take place before a judge and jury, unless the person charged with the offence and the Attorney General agree to a trial without a jury.

In all of these types of criminal cases, the jury is called upon to reach a unanimous verdict, determining whether the accused is guilty beyond a standard of what is called “a reasonable doubt” based on the evidence presented by the prosecution.

In the context of civil cases, juries also have a role to play. While most civil cases are heard by a judge alone, a defendant may also have the right to a trial by judge and jury, depending on the nature of the case and the court. Civil juries must decide, on a balance of probabilities, whether the plaintiff proved that the defendant violated civil law. There are six jurors in a civil case and at least five of them are asked to agree upon a civil verdict.

Finally, there is also an aspect of coroners' inquests that is triggered when we discuss jurors. Coroners' inquests, which aim to inform the public of the circumstances of a death, require jurors as well. Jurors must respond to questions about the circumstances of a death and may make non-binding recommendations. Unlike civil or criminal cases, jurors in coroners' inquests are not required to render a verdict on anyone's legal responsibility.

Serving as a juror in any of these capacities that I have just outlined can involve significant stress. We have heard a lot of testimony and a lot of submissions today in this chamber about the stresses the jurors face. Those stresses have the potential to seriously affect a juror's life. What causes stress varies from one person to another, evidently. Several examples were raised by witnesses at committee. I would like to discuss some of these.

For many Canadians, being summoned for jury duty is the first and maybe the only experience they will have with the justice system. As a result, few prospective jurors are knowledgeable about what jury duty entails, and that unfamiliarity with the process itself often generates anxiety. Many individuals may therefore feel overwhelmed and stressed when they are summoned for jury duty.

As expressed by Professor Jane Goodman-Delahunty, “...jurors are moving into an environment that is very unfamiliar to them. This can be very intimidating, and that alone can be somewhat stressful.”

Being exposed to disturbing information is also a fundamental aspect of what jurors are faced with. Again, we heard extensively about this this evening.

It goes without saying that some legal proceedings deal with truly horrific and horrible crimes and involve traumatic and explicit evidence and testimony, which can include disturbing audio and video. This can be extremely stressful for jurors who are exposed to it.

We heard this quote earlier, but it bears repeating. Mark Farrant explained:

Images would haunt me day after day, an unrelenting bombardment of horror. My daughter's red finger painting would hurtle me back to the scene of the crime and I would stare transfixed, seemingly out of space and time.

With respect to deliberations, some jurors explained that they were uncomfortable with challenging group dynamics and the confrontations that sometimes occurred between jurors. Therefore, the deliberation process itself can be stress-inducing.

Other individuals spoke about their significant fear of making the wrong decision or rendering a verdict that would have a life-altering impact, fuelling the gravity of the task that was before them.

Former juror Michaela Swan told the Standing Committee on Justice:

...the most difficult process in serving as a juror was that of deliberations and the resulting post-trial discharge...It's confusing and highly complicated, but there is an immense drive to do the right thing.

There is also an abruptness of the end of the trial. Generally, after a verdict is rendered, the duty of jurors comes to an end. The committee heard repeatedly that for a number of jurors, particularly the ones serving on extensive and gruesome trials or inquests, the transition back to normal life was indeed challenging.

Former juror Patrick Fleming explained:

We need assistance getting back to our “normal” life. We are civilians who did not choose this path for ourselves nor are we trained to deal with this type of situation. Being a juror is a monumental job that has had a major impact on my life.

Many of the former jurors who participated in the committee's study described the difficulties they experienced once the jury task concluded.

Michaela Swan, who I mentioned earlier, stated:

Within 20 minutes of delivering a verdict, and after four days of being sequestered, I walked through an open parking lot with 11 other strangers and returned to normal life. I had Sunday to reconnect with my family and was back to work Monday.

As Patrick Fleming explained:

At the end of the trial, it was so abrupt. One minute I was reading a guilty verdict to five individuals, putting them away for 25 years plus another 25, and then the very next minute the court doors opened, and I was going home. Think about that.

With respect to section 649 of the Criminal Code, some jurors described feelings of isolation. Currently, in Canada, jurors cannot discuss the case with anyone as per section 649 of the Criminal Code itself. They are cut off from their family, friends and usual support networks with whom they would normally share troubling information and receive advice or encouragement. This also can be an added stress.

As Patrick Fleming explained:

I felt isolated from my family and friends. I would distance myself, and I could not share what I was going through....I felt guilty for not being present for my family emotionally and physically.

The important work undertaken by the committee clearly shows that it is possible to prevent or reduce the stress on the juror's experience, particularly by improving the preparation process and the conditions under which jurors fulfill their duties throughout the legal proceedings, as well as by providing jurors with psychological support as needed.

As was also mentioned earlier, it is a worthwhile investment. According to the WHO, every dollar invested in mental health results in about $4 worth of savings.

It is important that we continue to work with the provinces and territories to find solutions that support jurors and their mental health, including an examination of section 649 of the Criminal Code.

[Pam Damoff, Liberal, Oakville North—Burlington, ON]

Mr. Speaker, while my time might be short, I appreciate the opportunity to speak to this legislation.

I want to thank the member for St. Albert—Edmonton for choosing this issue to address in his private member's bill. It is an extremely important issue, and as he has heard tonight and knows himself, it is a nonpartisan issue.

I am a member of public safety committee. The first report that we did was also on PTSD and operational stress injuries. It too was a unanimous report, just like the justice committee report.

Mental health is an issue that crosses party lines. It is an issue that all of us need to work on together. When people serve their country, we need to make sure that we look after them.

I was quite surprised when I heard that jurors are not able to seek support from medical professionals when they have finished a trial. I first learned about this during a public safety study. Both nurses and jurors reached out to my office to ask if our study could incorporate the mental injuries they had suffered. That was of course outside the scope of our study.

We probably first became aware of mental injuries from our veterans. For me personally, that was the first time I learned that people could suffer mental injuries because of what they saw or heard.

We have come a long way with our veterans and are starting to make strides with our first responders and public safety officers. With both of those groups, we have a long way to go, but with jurors this is something that just has not come up before.

I am so happy to be able to speak to this issue and that the justice committee took the time to study it broadly with jurors. Much of it falls under provincial jurisdiction. Right now, four provinces provide some kind of services to jurors, but this really is something that should be provided across the country.

I quite liked the suggestion by the member for Mount Royal that there should be someone who looks after jurors. Would that not be a lovely way to support jurors?

From the testimony that members heard and I read in the report, after jurors have gone through a trial they have intrusive thoughts, nightmares, trouble sleeping, and develop phobias and anger, and lose their appetite and have a sense of isolation, and are hypervigilant, depressed, anxious, and suffer from substance abuse problems.

It is critically important that all parties support this legislation. We have limited time left to see it get through the House and then hopefully through the Senate to become law.

I am very pleased to offer my support to the member. I will be supporting the bill and will certainly be advocating within my own caucus to ensure that we get this important piece of legislation passed.

[The Deputy Speaker, Bruce Stanton]

The hon. member for Oakville North—Burlington will have six and a half minutes remaining in her time when the House next gets back to debate on the question that is before the House.

The time provided for the consideration of private members' business has now expired and the order is dropped to the bottom of the order of precedence on the Order Paper.

The House resumed from November 27, 2018, consideration of the motion that Bill C-417, An Act to amend the Criminal Code (disclosure of information by jurors), be read the second time and referred to a committee.

[Alistair MacGregor, NDP, Cowichan—Malahat—Langford, BC]

Mr. Speaker, it is a great honour to rise today to speak to Bill C-417 standing in the name of the member for St. Albert—Edmonton, an individual I had the pleasure of working with on the Standing Committee on Justice and Human Rights. The bill has risen out of a long process involving great work on that standing committee.

Before I get into the details of that, I want to go back to May 2017, when I had the honour of participating in a press conference with the member for Victoria and two jurors, Mr. Patrick Fleming and Mr. Mark Farrant. It was at that point, when I was serving as our party's justice critic, that I became aware, because I do not think many people were aware at the time, of the strains and stresses that were involved with one of the most honourable services a person could give to his or her country; that is to serve as a juror, as a judge of one's peers, in a fair, open and honest trial setting. What I learned at that time shocked me. It was not only that jurors went through these stresses, but it was that there were little to no supports to look after them when they had finished this very honourable duty on behalf of their community.

In my capacity at the time as the justice critic and also as the second vice-chair of the Standing Committee on Justice and Human Rights, in June 2017, I asked if the committee could devote its very precious time to studying this matter. I am very thankful to all my Liberal and Conservative colleagues who unanimously agreed with me on my motion to study.

As a lone New Democrat on a committee, it is not very often that we get to see our motions passed and actually acted upon. Therefore, I have to commend my colleagues, the member for St. Albert—Edmonton; the member for Niagara Falls; our great chair, the member for Mount Royal; and, indeed, all of my colleagues on that committee who saw real value in this study and honoured me and, most important, the jurors, with committing to this study.

I very much enjoyed my time on that committee, serving as the justice critic. Especially for someone who does not have any formal legal training, it required a lot of effort on my part to bring myself up to speed. Even though I am now the agriculture critic and have gone on to greener pastures, I will still remember my time on that committee.

One of my proudest times in this Parliament is to have my name associated with this study, because its recommendations reflect a gap that exists in our justice system.

It was very difficult to listen to the testimony we heard at that committee. We had witnesses who had been jurors on the Paul Bernardo trial. We also had Mr. Farrant and Mr. Fleming.

Jurors are basically dragooned into service. They are taken out of their ordinary lives and pressed into service, almost cut off from their friends and family, not able or allowed to discuss any of the proceedings with members of the public or those they are closest to. They have to do this duty with little or no thanks, little family support and also very low pay. It is indeed very much a patchwork quilt across the country. Some jurors were earning about $40 or $50 a day for this service.

In order for a jury to render a verdict, it must be exposed to all of the evidence of some of the most horrible crimes that have ever been committed in the country. I am talking about coroner's reports, pictures of the crime scene, audio recordings and video recordings. How can we for one second imagine that someone would go through that experience and not be affected by it in some way? At the end of their service, jurors were essentially given a handshake, a pat on the back and shown the rear door of the building with a “Thank you for your service”.

I can imagine myself, as a father of three children. If I had gone through that experience, would I be able to just pick up where I had left off to resume a normal life? The answer is no. We cannot expect someone to go through that experience, to witness that kind of imagery, to hear those kinds of recordings and simply go back to a normal life.

That is where the gap exists. That testimony was difficult to listen to, but it was important to listen to. All members of that committee assured our witnesses that their words would not be in vain, that we were going to commit to some action in a unanimous and collaborative way. I am proud to see that all members from all parties committed to that work and collaboration.

The result of that testimony was, in what I consider to be one of the finest works of this 42nd Parliament, the report on “Improving Support for Jurors in Canada”. I will draw the attention of members to recommendation 4 of that report, which recommended:

That the Government of Canada amend section 649 of the Criminal Code so that jurors are permitted to discuss jury deliberations with designated mental health professionals once the trial is over.

This is important, because we know from our increased understanding of mental health issues, of post-traumatic stress disorder, that we cannot tackle this problem by simply sweeping it under the rug. We have testimony from the Canadian Armed Forces and from our first responders. We know that the key to addressing post-traumatic stress disorder and the mental health issues that arise from it is to treat it early with professional help. Why should jurors be excluded from that very same help we freely give to our first responders and our Canadian Armed Forces?

This brings me to the member for St. Albert—Edmonton and his Bill C-417.

Bill C-417 is a direct result of our committee's hard work. The bill would amend section 649 of the Criminal Code to allow for jurors to freely and openly discuss what they witnessed with a registered and dedicated health professional who, by the very nature of the job, would be sworn to secrecy in any case and committed to keeping those conversations secret.

Other jurisdictions have implemented this kind of change with great success. I look at the Australian state of Victoria. It has recognized the problem, has acted on it and has had some great success.

As a part of that committee's report, the government was asked for a response. The former minister of justice indicated in her response:

I am committed to examining jury-related issues, including section 649 of the Criminal Code, with provincial and territorial colleagues as part of my ongoing review of the criminal justice system, which would apply a Gender-based Analysis Plus approach to identify potential differential impacts.

I am proud to be a joint seconder of this bill to show the cross-partisan support for the member for St. Albert—Edmonton. The first seconder of the bill is the member for Victoria. The member for Mount Royal is there as well. This was a unanimous recommendation.

It is my sincere hope that members of the House, given the fact that we are running out of time in this 42nd Parliament, will see the intent behind this legislation and its merits and will honour the incredibly hard work and powerful testimony that was received at committee. I hope they will find it in their hearts to unanimously support the bill and send it to the Standing Committee on Justice and Human Rights.

I would like to commend my Conservative colleague for his work. I am proud to be seconding the bill. I hope we can do honour to those who serve in our justice system.

[Len Webber, Conservative, Calgary Confederation, AB]

Mr. Speaker, it is my pleasure to rise today to speak to Bill C-417, an act to amend the Criminal Code section 649, which has been brought forward by my colleague, the Conservative member for St. Albert—Edmonton. I have had the honour of knowing the hon. member for over 10 years and I am very aware of his experience and his encyclopaedic knowledge of statutory law. Any bill brought forward by him amending the Criminal Code clearly says to me that this is a required change and that I can be confident in supporting it.

The member is very passionate about justice issues, but even more so about protecting the victims of crime. Jury duty is something most of us will never experience. Many of us will be contacted through the selection process but few are actually chosen. These Canadians who are chosen and perform their civic duty are often exposed to the horrific details of crimes without the benefit of being mentally prepared for the experience.

They are silent observers who must, for the benefit of a fair trial, expose themselves to images, testimony and unbelievable details to ensure that they are considering all the evidence before making their decision. They do not have the ability to change the channel, leave the room or simply avoid the experience. They are compelled to go through with their service from beginning to end.

Many, after seeing and hearing the unimaginable, have to gather as a group to discuss everything in detail, again and again, and then to come up with their decision for a verdict. As we can imagine, this can leave a normally healthy person with symptoms of post-traumatic stress disorder and those who are predisposed to mental health issues are often even worse off.

An increasingly growing awareness about PTSD in society has really opened up our eyes to the effect it has had on people, their families and those around them. That is a good thing. We suggest those with PTSD get professional help to address their problems, but this is not always possible, especially for those who are suffering because of their jury duty. In Canada, it is illegal to discuss one's jury deliberation experience with anyone. This, on the surface, is perhaps a good policy to ensure our court system does not degenerate into a genre of tell-all books by those on juries.

However, this makes it almost impossible for those with jury duty PTSD to seek professional help because they simply cannot talk about what is causing their health problems. Imagine a person being sick and being told to see a doctor, but not to discuss anything that has to do with how he or she became sick or what that person is experiencing. That is basically the reality here. Bill C-417 seeks to create an exemption for those affected by their jury duty to be able to discuss what they need to with their health professional. Of course, those deliberations would be protected by patient confidentiality.

To do this, Bill C-417 is proposing section 649 of the Criminal Code be amended to allow former jurors to discuss their deliberations with designated health professionals once the trial is over. This, in fact, is also a unanimous recommendation of the justice committee of the House. Our colleagues have examined this issue in detail and this is their recommendation. Now it is up to us here to make the necessary legislative changes.

It is also worth noting that this concept has come to fruition in Australia already. ln the time since, it has shown to work without any problems. Now it is Canada's time to implement these changes. If we say we support victims of crime, we have to allow them to access the help that they need.

Major players in our justice system have also spoken in favour of this change, including the Criminal Lawyers' Association and the Mental Health Commission of Canada. Given that all parties have supported this idea up to this point, I expect that to continue. I just hope we can get through this legislative process before the writ is dropped.

I was quite moved when I read the testimony given in committee by former jurors. They spoke to the challenges they faced after their jury duty. I was particularly struck by the way their experience left them in a position where everyday things became a source of stress and anxiety.

Many of those on jury duty who witness testimony and evidence of serious crimes speak of the lasting and permanent impairment of their emotional well-being. It is really quite unimaginable.

Much of court testimony is already made public through the media and can be discussed. However, in a study done by Dr. Sonia Chopra, 70% of jurors said that their stress occurred as a result of the deliberations. That is the part of jury duty they cannot talk about. During deliberations, they face the stress of rehashing facts, testimony and the interpretations thereof. They have the stress of knowing that victims are expecting a certain result, but also the stress of knowing that they must be ready to deny them if the facts do not support a guilty verdict. They hold the life of the accused in the balance and the stress of not wanting to make a mistake. It can be overwhelming. Are they about to condemn an innocent person? Are they about to set a mass murderer free? Will they make the right decision?

This bill, while a great idea, does not mention some of the other aspects of this issue that tend to bother me greatly, especially as a member of the health committee. As a society, we pay for mental health services for incarcerated prisoners in this country. However, we do not pay for the same services for innocent jurors. As a society, we need to think about that. Are we comfortable with this arrangement? I certainly am not.

Even if we were to agree to pay for mental health services for jurors, we do not currently have the capacity to provide that service here in Canada. Over and over again, we hear at health committee how Canada is challenged to provide mental health services in all regions of this country. It is my hope that if we create the opportunity for jurors to seek mental health support, the provinces will prioritize their work to set up the proper support system for them.

Part of this progress, I expect, will be spurred by the work of the member for Cariboo—Prince George and his tireless efforts to create a federal framework on post-traumatic stress disorder. His work to pass Bill C-211, his private member's bill, will be instrumental in his process, I anticipate.

Bill C-211 was supported by all parties in this House, and it demonstrates our shared will to address PTSD here in Canada, no matter who is affected or why. It is my hope that Bill C-211 will allow for the creation of a standard of diagnosis, care, treatment and even terminology for PTSD that will be consistent from one end of our nation to another.

Improving mental health services in Canada is a shared responsibility. All parties have studied the issue. All parties agree that more needs to be done. Now we just need to do it. We need to insist that some provinces up their game to ensure better consistency and availability of mental health services.

I am not naive, and I know that there will always be unreasonable calls for improvements to mental health services, but so far, I have not heard one person say that he or she thinks we here in Canada are doing a great job.

Investing in mental health is an investment. By providing help to those who need it, we can allow people to live normal lives, hold employment, pay taxes, raise good families and participate in the community. Ignoring their needs costs us greatly, both in terms of money and as a society.

I applaud my Conservative colleague from St. Albert—Edmonton for bringing this sensible proposal forward. I applaud the justice committee for studying this serious issue. It will be an honour for me to support this bill. I ask that my colleagues in all parties do the same.

[Ron McKinnon, Liberal, Coquitlam—Port Coquitlam, BC]

Mr. Speaker, it is my pleasure to participate in the second reading debate on Bill C-417 today. I congratulate my colleague on the justice committee, the member for St. Albert—Edmonton, for bringing forward this bill.

During our study in committee on counselling and other mental health supports for jurors, we heard first-hand from jurors about the trauma they experienced from their participation in jury duty. In fact, our committee released a unanimous report in May that highlighted the necessity of the legislation we are now debating.

During the first hour of debate on Bill C-417, we heard from two other members of the justice committee, the member for Mount Royal and the member for Victoria, who both spoke of the need for this legislation. In fact, I would ask all members in this House to support this important legislation.

This bill would amend section 649 of the Criminal Code. It would add an exception to the offence of disclosure of jury proceedings so that it would not apply where disclosure was made for the purpose of receiving medical or psychiatric treatment, therapy or counselling from a health care professional following the trial.

The government has consistently made efforts to ensure that the criminal justice system is fair, efficient and equitable for all Canadians. I think the bill would benefit from some amendments that would further its objective and improve its drafting. I note that the bill's proposed amendment to section 649 would benefit from greater clarity in terms of what was meant by “health care professional” to ensure that information being disclosed by a juror was made to a professional who was regulated and bound by the duties of confidentiality so as not to undermine the integrity of the jury secrecy rule. Moreover, as currently drafted, the English and French versions of this bill could be viewed as inconsistent. This could result in the English version being interpreted more narrowly with regard to the types of health care professionals and services covered by the exception. For example, it could exclude psychologists.

In addition, an amendment to provide for a coming into force period, such as 90 days after the day the bill received royal assent, would allow the provinces and territories some time to effectively implement the change to section 649. I believe that these amendments would be consistent with the bill's objective and would enhance its drafting.

As we debate and examine this bill, it is important to be mindful of the way in which juries contribute to justice in Canada and play an important role in upholding our Constitution. Subsection 11(f) of the Canadian Charter of Rights and Freedoms guarantees the right to a jury trial for offences carrying a maximum penalty of imprisonment of five years or more. Under the Criminal Code, certain offences, such as murder, provide for the presumption that the accused will be tried by a judge and jury. For other offences, such as sexual assault or robbery, an accused can elect to be tried by judge alone or by judge and jury.

In R. v. Davey, 2012, the Supreme Court of Canada held that “the jury reflects the common sense, the values, and the conscience of the community.” In R. v. Sherratt, 1991, the jury was also described by the court as an “excellent fact finder” and a “final bulwark against oppressive laws or their enforcement” that increases societal trust in the justice system.

While jury service is an important civic duty in Canada, we know from our committee's study on juror support and its report, “Improving Support for Jurors in Canada”, that it can be both challenging and stressful for jurors. Jurors may be exposed to graphic evidence and disturbing testimony.

Throughout our committee's study, witnesses provided testimony on the significant impact jury service could have on jurors' personal lives. Some jurors indicated that following the trial, they had difficulty caring for their children and maintaining relationships. Some even reported experiencing post-traumatic stress disorder following the performance of their duties. Witnesses also identified other sources of stress that accompanied jury duty, such as financial strain, contentious deliberations and the pressure to reach a verdict.

I agree with the statement made by one witness and former juror who was selected for the Paul Bernardo trial, Ms. Tina Daenzer. She said, “Our right to trial by jury depends on the willingness of all citizens to serve, but doing so should not be at the expense of a juror’s own mental health.” It is certainly a concern that the negative experiences of some jurors may lead others to avoid jury duty, which poses challenges for courts that already struggle to obtain sufficiently large and diverse jury pools.

I recognize that the member for St. Albert—Edmonton has noted the work of the committee as providing the basis for his legislation and as such, I would like to use some of my time today to discuss the committee's work, as well as the recommendations made in its report.

The committee's report makes 11 unanimous recommendations. Seven of the recommendations fall within provincial-territorial responsibility, including, for example, increasing the compensation jurors receive for jury duty in order to reduce the financial stress that can occur for some when serving as a juror. The report also recommends that information packages be provided to prospective jurors and that jurors be offered debriefing sessions and psychological support after the trial. Moreover, the report recommends supporting training for justice system professionals on the impact of legal proceedings on jurors' mental health.

The government's response to the report was tabled on July 18, 2018. It details the government's commitment to raising the report and its recommendations with the provinces and territories and to encouraging discussions on ways in which jurors can be better supported across the country. I understand that this has been done and that federal, provincial and territorial officials continue to engage on jury-related issues. The government's response also sets out its commitment to explore funding and to examine section 649 with provincial and territorial partners. Our committee's recommendations have rightly recognized the important role that the provinces and territories play in this area.

With respect to matters within federal jurisdiction, federal responsibility over the criminal law includes procedure in criminal matters. Part XX of the Criminal Code sets out the procedural rules regulating jury trials and jury selection, as well as the offence of disclosing information relating to jury proceedings in section 649. Provincial and territorial legislatures enact laws relating to the establishment of juries for civil, criminal and other proceedings such as coroners' inquests. Their legislation also provides the basis for identifying possible jurors from the community, the grounds upon which a person is ineligible for jury membership and juror compensation.

The issue of juror support generally falls within provincial-territorial jurisdiction given their responsibility for the administration of justice. Thus, it is very encouraging that several provinces and territories have established psychological support programs for jurors. This allows jurors to access a certain number of free counselling sessions in Alberta, British Columbia, Ontario, Quebec, Saskatchewan and Yukon.

I strongly believe that supporting jurors is vital for the individual jurors themselves, but also for the legal proceedings in which the jurors are involved and the administration of justice more broadly. I appreciate the opportunity to be part of this debate today.

[Todd Doherty, Conservative, Cariboo—Prince George, BC]

Mr. Speaker, it is an honour to rise today to speak to Bill C-417, an act to amend section 649 of the Criminal Code. I want to thank my colleague, the member for St. Albert—Edmonton, for his work on the bill. I want to thank all of my colleagues in the House, from all sides, who have worked tirelessly on this.

I also want to thank someone who has become a good friend of mine. He has been very passionate about this. I first met him in the fall of 2016 after tabling my bill, Bill C-211, with respect to a national framework on post-traumatic stress disorder, and that is Mark Farrant.

Mark Farrant has been a tireless advocate. As I said earlier on, when he first brought this issue to me, I was talking with reporters regarding my bill and those who were included in it. I was ashamed at the time that I did not include jurors.

We trust that when people sign up to do their civic duty, they do their duty and not a lot is said afterwards. Why? It is because they are sworn to secrecy. They are not allowed to talk about the horrific images, videos and testimony they hear.

I also want to say thank you to the 12 angry jurors who wrote letters to the Minister of Justice, early on, which were tabled in April 2017, I believe.

They wrote such things as, “In 1995, I was selected as juror number one for the murder trial of Paul Bernardo. Lasting four months, the jury watched videos of Leslie Mahaffy and Kristen French being raped and tortured for weeks on end. Each day I would go home in a daze, barely able to comprehend the things I saw. Burned in my memory, even at night the videos would replay in my head and I couldn't make it stop.” That person would not be able to share that with anyone else.

Here is another one: “There's not a day that passes that the thoughts don't come back, the details, the autopsy pictures of bullet holes in human heads, forensic photos, the pools of blood.” That juror was on the jury for the Pan murder trial.

Another juror wrote, “It is a different world being part of a murder trial. It takes you to places you can't even imagine and don't want to go. It isn't how I live. To live life through the eyes of a murderer can be very difficult to witness. This is why counselling is necessary for jurors.”

Finally, another juror wrote, “The trial itself was two and a half months in length, and the visuals of the kidnapping and gruesome account of what took place from beginning to end of her horrifying demise have not impacted only myself but also had an impact on my family. I will never be a juror again, nor will my friends or my family, as they watched in pain at what I was and still am going through. I am not the only juror on the trial that sat through this and is suffering from PTSD. There are three that I know of. It is an abomination that doing our civic duty would lead to our lives being changed forever and creating a living hell for our family. Why are the courts not taking care of us when we are trying to take care of society by doing our civic duty?”

That is a great question.

I have deviated from my speech because these letters are the catalyst for why we are here today. I owe a huge debt of gratitude to Mark Farrant and the 11 other jurors who had the courage to come forward. They had the courage to put their faith in all of us in this chamber, believing that we would take this seriously. For that, again, I want to offer a huge thank you to my colleague from St. Albert—Edmonton for putting forth this bill, which amends section 649 of the Criminal Code.

PTSD is the mental health injury that people encounter when they see or experience traumatic events. It could come from images. It could come from videos. It could come from a car accident. It could come from any terrible accident. We are only now just beginning to understand what post-traumatic stress disorder means.

We used to think when we saw some of our soldiers come back from war or some of our first responders sit in a corner and be dissociative that they were shell-shocked, that they were different. Now we know that it is post-traumatic stress disorder, a mental health injury. We also know now that PTSD can impact those who are subject to rape or sexual abuse.

These people are just doing their civic duty, but over the course of two weeks or two months—or 10 months, as we are hearing—images are burned into their minds. Then, at the end of the trial, we turn them loose to walk out the front doors of the courthouse, never to speak of it again, and until this bill comes forward, they are not even allowed to share it with their doctors.

Mark Farrant shared that there were many physicians who were not even willing to listen to him for fear of a patient-doctor violation. He was having these issues and was not able to share exactly what was going through his mind.

We know through the course of this study that our jurors face not just mental health injury or mental illness because of the experience they go through, but also the financial crisis that has been put in place. One juror wrote that it had impacted her family so acutely that even her own son had attempted suicide, all because of the mental health injury that she faced during the course of her civic duty.

Obviously, members have heard the speeches down the way, and I think that this bill is timely. I am very proud of all of us and the work that we do here. I am proud that on June 21 of last year we managed to pass my bill, Bill C-211, which received royal assent and has now become law. We are now the first country in the world to have adopted national legislation to tackle post-traumatic stress disorder. It is my hope that the House could see its way forward to pass my other bill, Bill C-425, which would recognize June 27 as national PTSD awareness day. It would bring us in line with what our counterparts in Australia, the U.S. and the U.K. are doing.

However, the bill before us today, Bill C-417, is much needed and long overdue. It might be too late for those who have already served, but at the very least, as we move forward, we can be sure that if people sign up for civic duty and become jurors on a case, they will have the support they need and require once the court case is done.

This bill is overdue, and I applaud all of us in the House and the health committee for its work on it. As it was so aptly put by our friend for Calgary Confederation, when our colleague for St. Albert—Edmonton brings something forward like this, he has encyclopedic knowledge of our law system and court system.

I also want to make note of a great point that was brought forward. If we can pay for care for the mental injuries and mental health issues that our inmates have, then for sure, 100%, we should look forward to paying for and helping those who do their civic duty.

With that I humbly offer to my colleagues that I wholeheartedly support the bill. It is long overdue and I want to thank those who have brought this issue to the forefront, including Mark Farrant and the 12 angry jurors who brought these letters and showed the courage to speak out.

[Michael Cooper, Conservative, St. Albert—Edmonton, AB]

Mr. Speaker, it is a privilege and an honour to rise to speak in the second hour of debate on my private members' bill, Bill C-417.

Let me say that it is really wonderful to see the cross-party support for this common-sense piece of legislation because this is a totally non-partisan issue. It is about doing what is right. It is about ensuring that those men and women who are suffering as a result of doing nothing more than their civic duty can get the help they need. That is what Bill C-417 is all about.

I want to take this time to thank the member for Cowichan—Malahat—Langford for initiating a very important study around juror supports, which ultimately led to a unanimous report with a key recommendation that Bill C-417 seeks to implement.

I also want to acknowledge the NDP justice critic, the member for Victoria for his tireless advocacy. I was very honoured that he was the named seconder of the bill.

As well, I want to acknowledge many members on the Liberal side, the member for Oakville North—Burlington, the member for Toronto—Danforth and the member for Coquitlam—Port Coquitlam, all of whom stepped up and co-seconded it, in addition to all the members of the justice committee who lent their support, most especially the hon. member for Mount Royal, the chair of our committee, who was tireless in his advocacy and who worked very hard to encourage the government to support the legislation in principle.

Most importantly, I would like to thank those jurors who have had the courage to speak up, including the 12 jurors who wrote letters and the jurors who came before our committee to share their stories and share their experiences, including Daniel Cozine, Michaela Swan, Patrick Fleming, Tina Daenzer, Scott Glew and Mark Farrant. Their stories were heard loud and clear and have made a difference.

Let us work together across party lines to see that this legislation can come into effect before the dissolution of this Parliament.

[The Assistant Deputy Speaker, Anthony Rota]

The question is on the motion. Is it the pleasure of the House to adopt the motion?

[Some hon. members]

Agreed.

[The Assistant Deputy Speaker, Anthony Rota]

Accordingly, the bill stands referred to the Standing Committee on Justice.

(Motion agreed to, bill read the second time and referred to a committee)