Thank you.
Good evening. Thank you for the invitation to share my experience of serving as a juror in Canada. I want to thank you for conducting this study. I truly believe it will improve the experience for jurors in the future.
In June 2016, I served as forewoman in the Supreme Court of British Columbia. A teenager was charged with first-degree murder under the Youth Criminal Justice Act. He was 16 at the time of the crime.
But let me backtrack to share my full experience.
I've always been interested in the Canadian justice system. I took additional studies during my university education to learn about the history, structure, and rationale for the processes of justice in our country. I am proud of the doctrine of innocent until proven guilty by a judge or a jury of your peers.
The day I received my jury summons on the green piece of paper, I was nothing short of ecstatic. It was my turn to serve. I was fortunate in that navigating the process to get time away from work was relatively seamless and without a financial impact to my family. I attended two jury selection dates during my summons period. The process was relatively smooth and was supported by friendly and informed sheriffs at my local courthouse in Kamloops. When my number was called, I walked before the judge and counsel. The crown referred to his notes, the defence just looked me up and down, and I was accepted as a juror. Not a single question was asked. We were provided paperwork to fill in, and were told to report back for jury duty in about two weeks' time.
For nearly three weeks, I listened to evidence of how a normal teenager's first love turned into a complicated and manipulative love triangle. Eventually the girlfriend lured her second boyfriend to an elementary school field. She ran into the bushes, as planned. The innocent boy, 22 at the time, was shot from 50 feet away and fell to the ground. As the co-accused ran to check on the victim, they put two more bullets into him—one into his back and one into the back of his head.
I listened to the pathologist explain the damage of each one of those bullets and how they led to his death. I looked at autopsy photos and crime scene photos. I listened to undercover RCMP officers explain their detailed investigative techniques. I watched hours of undercover video of a “Mr. Big” operation. I read hundreds, if not thousands, of text messages between young lovers trying to make a relationship work, with accusations and facts of cheating. I watched as the accused in my trial sombrely walked officers through an exact crime scene re-enactment.
While all this was happening, I watched the accused in the box. He was just a kid, clean-cut and gently spoken, with what seemed like a great family. It was very easy to feel empathy for him. I watched his father, mother, and brother sit in court nearly every day. I saw the pain of the victim's mother as she testified. Every day I drove home and processed what I heard or saw that day. It was gut-wrenching, and hard not to feel sympathy for the accused.
The need to process and balance the emotions during trial and deliberations was significant. I think it's natural to think like a parent, to put yourself in their situation, but I was still trying to be 100% clear in my role to judge the facts and, as forewoman, to lead a jury to also just judge the facts. We aren't allowed to feel. I believe the fact that the accused in my trial was a highly relatable kid created extenuating circumstances and increased the intensity of jury deliberations and post-trial impacts.
For me, the most difficult process in serving as a juror was that of deliberations and the resulting post-trial discharge. The charge to the jury is provided by the judge. Sheriffs escort jury members to the jury-room and remove our cellphones and all contact to the outside world. Twelve strangers are locked in a very small room with two adjoining bathrooms. We're essentially told not to come out until everyone agrees.
I can't go into the specifics of deliberations, as that's the unspoken jury code, but it's an intense situation with opposing views, values, personalities, and inflamed tempers. As individuals are going through, all the normal comforts of life and most coping skills are removed. You don't sleep in your own bed, you don't eat your normal food, and you don't have your friends or family for comfort or to talk to. It's confusing and highly complicated, but there is an immense drive to do the right thing. At times there can be a sense of hopelessness.
Speaking as a forewoman, I believe there is extra stress in the position. Once back at the hotel room, I would lie awake at night thinking about how to bring 12 people to agreement. It was my only time alone to think. What questions could I ask? How could I get passionate people to listen to their peers and dig into the rationale for their thinking processes? It was exhausting.
I still process this as a small price to pay for the duty I was to provide. There were two families who were also deeply impacted by the crime that occurred. The decision by the jury would impact them for life.
On a late Saturday evening, I opened the jury-room door and advised our sheriff that we had a verdict. The court was called to order, and the jury walked in. All eyes—from the families, the lawyers, the judge, the accused, and the media—were on me. I announced the guilty verdict. I will never forget the sound of the courtroom in that moment.
Following that, we on the jury were thanked for our service and dismissed. We waited in the jury-room and had a brief conversation with Madam Justice. She was appreciative of our service and reminded us of the confidentiality of what happened in the jury-room.
At this time, I did ask what supports were available to jurors following our experience, because I knew I needed help. I was shocked to learn that there was likely nothing. 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.
That week I did have a message from our sheriff's office that they could arrange a debrief if enough jurors were interested. I can tell you that I wanted to debrief, and I certainly wanted to talk, but there was nothing in me at that time that really wanted to see my fellow jurors. That was the last time I heard from the court.
I did seek help. I spoke in roundabout ways with friends and with professionals paid for by benefits through my employer. From my previous experience in the fire service, I know that immediate support is needed to process your thoughts, ensure they are compartmentalized appropriately, and dealt with as they arise—immediately and over time. I still think of my experience weekly, sometimes daily. I have to make a conscious effort not to transfer what happened to these teenagers into how I parent my kids. Around town I see the family of the accused, and the lawyers, judge, and sheriffs involved in the trial. I smile and make eye contact, as do they, but it's like walking around with this deep secret that can't really be talked about.
I will be okay. I have a great support system, and I am very proud to have served as a juror in Canada. But I strongly believe that mental health and counselling support immediately post-trial for jurors are required to provide early intervention and avoid long-term mental health damage.
From my own learning, I have a few recommendations, which I'll summarize. There should be pretrial education and an explanation of what the experience may entail. I believe it's important that jurors make an informed choice to serve. Compensation needs to be considered. Although my employer covered my wages, this was a significant stressor for other members on our jury.
Jury-room configuration is worth a consideration. When spending 12 hours a day or more confined in a very small room with two adjoining bathrooms, a breakout room or an extra space to spread out would be beneficial.
A standardized jury discharge process is needed. It should include a debrief, with information to take home for future reference that identifies what an individual may or may not feel, maybe what's normal, and when and where to seek help. I mentioned a formal debrief. I would like consideration of a peer-led debriefing process. Can former jurors be trained to provide this care to future jurors? From my experience, I still wish I could safely talk to people who understand and who lived the experience without the feeling that I'm breaking the law if I have a conversation.
Lastly, I believe follow-up to jury members on the conclusion of sentencing would help to close the experience. My sentencing went on for a year after we delivered our verdict. The only updates I would get were in the media, and it was always bringing it up. It would have been nice to hear from the court.
Thank you again for the opportunity to contribute my experience and recommendations. Canada has a criminal justice system to be very proud of, and continuous improvements, such as those under consideration, will make a difference.
Thank you.