We have to be careful about making sure that the case is over before the juror is allowed to have the therapeutic contact. It can't take place prior to sentencing. It should take place when the case is entirely over. Maybe it's after an appeal. I scribbled something on the plane, and I said, this provision does not apply to communications by a member of a jury for the purpose of therapeutic assistance as a result of their experience serving as a jury member. The provision continues to apply to any person receiving such information.
It's very clear that it's the juror's protection. Let's just say for the purposes of this discussion that there was a situation where some litigation took place after, and a therapeutic provider was on the witness stand and was asked to divulge. My respectful submission would be he would say “I can't”. He would say, “I'm bound by my Socratic oath”, and it's almost like solicitor/client privilege. The only difference is the juror cannot waive that; we'll call it “privilege” just for the purpose of this discussion.
I think if the Criminal Code was amended to be very specific in words that we all understand, I think it might accomplish what we're trying to do here. There will be problems probably down the line.