Thank you very much, Chair and members of the committee. It's an honour to be here once again on behalf of the Canadian Council of Criminal Defence Lawyers.
On behalf of the council and as a defence counsel, I think I can say that we are very pleased that the committee is studying the issue of jurors and how to help jurors. I think we would all agree that it's probably one of the most precious aspects of a democracy to be judged by your peers.
I think, however, that the work you're doing may uncover some suggestions, as we've just heard, as to how we can do things a little bit better. What I would say to you is this—and I'll keep my comments brief in the beginning—I think we don't do a good job in the front end, and I don't think we do a good job in the back end in relation to jurors.
You're not going to be surprised to hear that I get calls from persons who say, “Oh, my God. I've been summoned for jury duty. How do I get out of it?” Then, of course, it's almost universal that, if you talk to a juror who has served, they will say it's the most incredible experience of their life, but we have mystery going in.
I think one of the things we should consider is enlightening the jury array when they are gathered by telling them what their role is, not waiting for it to happen in court. Remove some of the mystery. If a case is going to be a horrific criminal allegation, I think the jurors can be prepared for that by persons who meet with the array before they are called into a courtroom so that they can understand that there's a prisoner's box there, and you might see an accused person come in, and they might even be in handcuffs in a particular case. It takes away the mystery. Just that jury box, why does that person have to sit there? Judges may not have an opportunity to explain it.
I'm really happy to hear Sandra talk about the depersonalization of information that jurors have to give. You're standing there, and a juror is called up, and they say their husband is ill, or they don't think they can afford child care. That should all be done in a questionnaire. I can tell you that in one of the most sensational cases that we've experienced in this country, there was a questionnaire with a brief description of the case. I'm talking about Bernardo. When a person came up, the defence, the crown, and the judge had the questionnaire, and the defence, the crown, and the judge could all agree that this juror should be excused without the juror having to explain some of the personal trauma they might experience.
I think that, at the other end of the case, judges are doing this more often. They're going in and talking to jurors, thanking them for their work, and explaining how important their role is. I also think that we haven't provided, except on a part-time basis, if I can use that phrase, as a result of the pressure that Mr. Farrant brought in Ontario, and Ontario responded....
In my respectful submission, we need to provide therapeutic assistance after the case is over, after the sentencing. After everything is done, I think the jurors need to have some therapeutic sessions. They should be provided, and they should be paid for.
One of the problems that we might pay attention to—and some of the doctors, psychologists, and psychiatrists may help us with this—is that you may not understand what effect that trial had on you for years, because we don't know how we're absorbing it.
I think one of the important vehicles in this country is something called Let's Talk Day that we just experienced. Everyone is encouraged, through Bell Canada's program, to talk, but at the end of a jury trial, we sort of put a lid on the jurors and say they can't talk.
I would think that one of the things you may reconsider is section 649 of the Criminal Code. There should be an escape provision exception for persons to talk about their deliberations for therapeutic reasons, and the exception is for the former juror—not the psychologist, not the provider of therapy, but the juror.
I think that would be a simple amendment, carefully drafted by clause-by-clause experts. It would allow jurors to “let's talk” about what they experienced in that room. I think that becomes a very important aspect, and it's almost the only thing that the federal government can do. The provinces are really responsible for how the jury system works, but I think we need to do better up front because jurors come into the courtroom wondering who we are. They have their own view of who we are, and we have our view of who they are; we have certain information. Some jurors have already made up their minds in some respects.
Let me give you an example. In a murder case I had quite some time ago, the judge said to the panel, “This case could take two or three months.” Then a juror was called.
I watched the juror walk up, and he was obviously uncomfortable. When he got into the witness box to be challenged for cause because it was a unique case, I said, “I apologize, sir, but when your name was called and you came up, you seemed to wince or be uncomfortable. I apologize, but was I right? His honour said that this case would take a long time.” And he said, “Well yes, actually, I don't think I can put up with you people for that long.” We chose him.
It is the most humbling experience to be involved in a jury trial and one of the most precious experiences for jurors, but we need to take the mystery out of it and protect and enhance this essential aspect of our democracy.
Thank you.