Bill S-206 (Historical)

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

This bill is from the 44th Parliament, 1st session, which ended in January 2025.

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

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

Similar bills

S-212 (43rd Parliament, 2nd session) An Act to amend the Criminal Code (disclosure of information by jurors)

S-207 (43rd Parliament, 1st session) An Act to amend the Criminal Code (disclosure of information by jurors)

C-417 (42nd Parliament, 1st session) An Act to amend the Criminal Code (disclosure of information by jurors)

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other S-206s:

S-206 (2025) National Framework for a Guaranteed Livable Basic Income Act

S-206 (2020) An Act to change the name of the electoral district of Châteauguay—Lacolle

S-206 (2019) An Act to amend the Department of Public Works and Government Services Act (use of wood)

S-206 (2015) An Act to amend the Criminal Code (protection of children against standard child-rearing violence)

Votes

Sept. 28, 2022 Passed 3rd reading and adoption of Bill S-206, An Act to amend the Criminal Code (disclosure of information by jurors)

May 18, 2022 Passed 2nd reading of Bill S-206, An Act to amend the Criminal Code (disclosure of information by jurors)

Debate Summary

This is a computer-generated summary of the speeches below. Usually it’s accurate, but every now and then it’ll contain inaccuracies or total fabrications.

Bill S-206 seeks to amend the Criminal Code to create an exception to the jury secrecy rule, allowing former jurors to disclose information about jury deliberations to healthcare professionals for the purpose of receiving mental health treatment related to their jury service. This amendment aims to address mental health issues, such as PTSD, that jurors may experience as a result of exposure to traumatic evidence and the stress of deliberations. The bill ensures that healthcare professionals are bound by confidentiality to protect the integrity of the jury system.

Conservative

Supporting juror mental health: The Conservative party supports Bill S-206, which aims to amend the Criminal Code to allow jurors to disclose information to medical professionals to support their mental health. They emphasize that jurors play an integral role in the justice system, often at a considerable cost to their mental well-being, and that this bill is a step towards addressing this issue.
Exception to jury secrecy: The bill creates a narrow exception to the jury secrecy rule, allowing jurors suffering from mental health issues to disclose aspects of the deliberation process to medical professionals bound by confidentiality. This exception aims to enable jurors to access the support they need without undermining the integrity of the jury system.
Bipartisan support: The Conservatives highlight the broad agreement and unanimous support for the bill from parliamentarians, stakeholders, and former jurors. They emphasize the importance of providing jurors with the necessary support, especially considering the potential exposure to traumatizing evidence and the stress involved in jury deliberations.
Jurors as victims: The Conservatives view jurors as potential victims of the crimes they are exposed to during trials, arguing that the justice system often forgets about the victims, including jurors who suffer because of their jury experience. The party is advocating for better support systems to help jurors cope with the mental health challenges arising from their service.

NDP

Strong support for Bill S-206: The NDP supports Bill S-206, a bill to amend the Criminal Code to allow jurors to speak with mental health professionals about their experiences during jury duty. It is unusual for a New Democrat to second a Conservative bill, but it demonstrates how important this bill is.
Juror access to mental health: The bill would amend section 649 of the Criminal Code to allow jurors to discuss their deliberations with mental health professionals. Jurors are exposed to horrific evidence, render verdicts with real consequences, and then must bottle up their experiences with no ability to seek professional help, which can lead to post-traumatic stress disorder. This is a problem that must be fixed.
Modeled on Australian law: The NDP supports adopting a model similar to that of Victoria, Australia, where jurors are allowed to discuss their deliberations with medical practitioners or psychologists. The committee studied the Australian approach and recommended it for Canada, as there have been no negative consequences from the law's existence.
Expedite passage of bill: The NDP hopes the House will pass the bill quickly and that the Standing Committee on Justice and Human Rights will report it back to the House as soon as possible. The issue has been studied extensively, and witnesses have confirmed the change would be beneficial, so the bill should be passed and signed into law without delay.

Bloc

Supports sending bill to committee: The Bloc Québécois supports sending Bill S-206 to a committee for further examination, expert consultation, and potential improvements, ultimately aiming to determine whether it should be passed in its current form or rejected.
Recognizes jury's vital role: The Bloc acknowledges the vital importance of the jury's role in the judicial process. They feel that jurors need to feel completely free to say what they think out loud without later worrying about being publicly quoted.
Addresses juror trauma: The Bloc recognizes the potential for jurors to experience trauma due to the intense nature of criminal cases and emphasizes the importance of providing them with adequate support and access to mental health services, which the bill aims to facilitate by creating an exception to the confidentiality rule.
Protects confidentiality of deliberations: The Bloc acknowledges the importance of confidentiality in jury deliberations, noting that it enables jurors to express their thoughts freely without fear of external scrutiny. However, they also acknowledge the need to balance this with providing mental health support to jurors.

Liberal

Government supports Bill S-206: The government supports Bill S-206, as it is nearly identical to previous bills that garnered unanimous support. The bill amends the Criminal Code to permit jurors to discuss jury deliberations with health care professionals to address health issues arising from their jury duties.
Addresses mental health: Bill S-206 addresses the barrier that section 649 of the Criminal Code presents to jurors seeking mental health support, as some former jurors have experienced mental health trauma and resistance from professionals due to the existing restrictions.
Narrow exception to secrecy: The proposed exception in Bill S-206 allows jurors to disclose information about jury deliberations to health care professionals, making it easier for them to get mental health treatment, while provinces and territories implement support systems.

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Criminal CodePrivate Members' Business

May 12th, 2022 / 6:25 p.m.

The Deputy Speaker Chris d'Entremont

The question is on the motion.

If a member of a recognized party present in the House wishes to request a recorded division or that the motion be adopted on division, I would invite them to rise and indicate it to the Chair.

The hon. opposition House leader.

Criminal CodePrivate Members' Business

May 12th, 2022 / 6:25 p.m.

Conservative

John Brassard Conservative Barrie—Innisfil, ON

Mr. Speaker, I would request a recorded division.

Criminal CodePrivate Members' Business

May 12th, 2022 / 6:25 p.m.

The Deputy Speaker Chris d'Entremont

Pursuant to order made on Thursday, November 25, 2021, the division stands deferred until Wednesday, May 18, 2022, at the expiry of the time provided for Oral Questions.

The House resumed from May 12 consideration of the motion 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.

Criminal CodePrivate Members' Business

May 18th, 2022 / 3:35 p.m.

The Deputy Speaker Chris d'Entremont

Pursuant to order made on Thursday, November 25, 2021, the House will now proceed to the taking of the deferred recorded division on the motion at second reading stage of Bill S-206 under Private Members' Business.

(The House divided on the motion, which was agreed to on the following division:)

Vote #97

Criminal CodePrivate Members' Business

May 18th, 2022 / 3:45 p.m.

The Deputy Speaker Chris d'Entremont

I declare the motion carried. Accordingly, the bill stands referred to the Standing Committee on Justice and Human Rights.

(Bill read the second time and referred to a committee)