Thank you.
Mr. Chair, members of the committee, thank you very much for your work on behalf of this very important issue.
I'm going to focus in my presentation on the issue of vicarious trauma and the things that jurors are exposed to in terms of disturbing testimony and images.
By way of background, I'm a psychologist who has specialized in the issues around child abuse and domestic violence and domestic homicide for the past 44 years. In particular, not only do I teach at the university, but I've also been involved over the years, now as the director emeritus at the London Family Court Clinic. I've authored 10 books, 24 chapters, and 70 articles, so I've been steeped in the issues of trauma and vicarious trauma.
I wanted to focus on the issue of vicarious trauma. I think the older I get and the more time I spend with other psychologists and mental health professionals, and also lawyers and judges and police officers, the more I come to appreciate the impact that doing this work has on individuals' mental health. I've written an article and done many presentations around the issue of vicarious trauma and the impact of disturbing images on judges. In that work, as I've thought more and more of how judges may be affected over the years by being exposed to extreme violence. I've seen the increasing number of judges who suffer their own mental health problems related to depression, hopelessness, and anxiety, and they start to have flashbacks and nightmares similar to those of the trauma survivors they're dealing with in court.
I have had first-hand experience in not only working with judges but also in testifying in court and watching the reaction of juries over the last 40 years. As I've thought about the impact of this work on judges and many other professionals, including police officers and lawyers—both defence lawyers and crown attorneys—I began to think more and more about the impact of this issue on jurors. Although I can't bring you any survey about what we're doing across all our provinces and territories in Canada in terms of providing help for jurors, my experience has been that it's very much hit-and-miss and very much depends on the individual courthouse and the individual judge and their sensitivity to this issue.
There's more and more research, some of which you've already heard about, coming out on the impact of being a jury member and being exposed to horrific images and stories of violence. There's a recent review article that I have in my submission from Michelle Lonergan and her colleagues in Quebec. In it she says that they found that a lot of jurors suffer symptoms related to post-traumatic stress disorder, and a minority of those jurors may have symptoms that last for months and even longer.
In my submission I highlighted the definition of “post-traumatic stress disorder”. I don't want to review that in any detail, other than to say that one can suffer from post-traumatic stress disorder not just by suffering a life-threatening event but by witnessing a life-threatening event or by hearing the details as part of one's professional duties. This certainly would apply to jurors in terms of their exposure. I certainly can't put it any better than Ms. De Moura has today. Much of what I wanted to say has been presented in a very compelling first-hand account of what it was like to sit at the Ashley Smith inquest, which is certainly an extreme but not isolated example of the kinds of evidence jurors have to be exposed to.
I also want to indicate that although we recognize post-traumatic stress disorder more and more as a mental health issue, we also have to recognize that even those who don't qualify for post-traumatic stress disorder may suffer for months or years from a number of symptoms that may impact their family life, their work life, and their daily coping in a variety of ways.
I have very specific recommendations for the committee in my submission, and I'll just highlight them. Most of what I'm about to say has already been reinforced by the other witnesses.
First and foremost, it's important that court staff and judges identify criminal or civil cases that are going to involve violence, abuse, and death, as well as cases involving graphic testimony and evidence. These cases have to be identified at the outset. I don't want to minimize the stress of being a juror in general for any case, but my submission is really focused more on post-traumatic stress disorder and the extent to which there's a lasting impact on the life of jurors.
My second point is the importance of appropriate jury preparation after cases that have this graphic evidence and testimony have been identified. Again, you heard a lot of evidence from other witnesses. Jurors need to understand what they're getting into and what they might be exposed to, and that the reactions they have are normal. They're not a sign of weakness, but a normal human response to exposure to this kind of trauma.
My third recommendation is the importance of offering jurors an opportunity to debrief with a counsellor after the trial is over. The days of simply sending jurors back onto the street and wishing them all the best are done, in my view. There needs to be much more care and sensitivity to what jurors have been exposed to, and a recognition of the need to debrief in a meaningful way with a qualified counsellor.
I really appreciated Mr. Zaborowski's recommendation about working with the National Judicial Institute, because I think there needs to be training for judges. Not all judges are equally sensitive to helping jurors deal with the aftermath of what they've been exposed to. They generally are qualified in the law and in giving juries very clear instructions about the evidence before them, but some may not be as sensitive or thoughtful as others, or have the training to help jurors deal with what they've been exposed to.
My last recommendation is the importance of having ongoing counselling, if required, for some jurors. By ongoing counselling, I'm talking about ready access to a counselling service that's accessible and affordable, and preferably free, in recognition of the important civic duty the juror has provided.
In my submission I've highlighted an example where these initiatives have already taken place. In particular, I've highlighted the work of judges in King County in Seattle, Washington, which addresses each of the points I've raised. In the courthouse in King County, they consider themselves to be trauma informed. Part of being trauma informed is recognizing the impact of trauma on not only the litigants who are appearing before judges but also on court clerks, court reporters, all court staff, and juries.
There's a brochure that I know has been translated for the committee. At the very top it says “King County Superior Court wants you to know”, and then there's a two-sided brochure that you can examine at your leisure as part of your deliberations on this issue. It prepares jurors for what they are about to experience, for some of the warning signs, and for some of the potential coping strategies, including getting access to counselling. In much of the information I provided for you, there's a 1-800 number or a card with a phone number for a mental health centre that the jurors can contact for counselling as part of the follow-up after trial.
Again, I won't go through this part of my submission other than to say it's important not only to prepare jurors beforehand but also to debrief them after the trial is over and make sure they have access to ongoing counselling.
In the submission, I highlight that judges should be given instructions on what to say to juries. Judges are excellent at trying to explain to jurors what the law means and what reasonable doubt means in a criminal proceeding. However, it's also important that judges be given potential scripts they can work with and adapt to their own communities to talk about the impact of jury duty and the importance of debriefing. Again, I've highlighted those in my brief.
In my brief I've given you the name of a senior judge in Seattle who could provide more detailed information, and I'm also prepared to offer that. I didn't put it in my submission, but there's a terrific article that reviews the impact of trauma exposure on jurors. There's also an article I wrote on the impact of this work on judges, which is very parallel to what jurors may experience with much less preparation.
In closing, I want to indicate some limitations in my evidence today.
My evidence is limited in that I haven't done any independent research on juries. I haven't done any independent surveys on what's available in each Canadian province or territory. I'm also expressing my own personal views about the importance of this issue.
Notwithstanding the limitations that I've indicated, I hope my testimony is helpful and I wish the committee the very best in its ongoing deliberations.
Thank you.