Jury Confidentiality Reformed

Royal assent received

S-206
October 18, 2022 (2 years ago)
Canadian Federal
Pierre-Hugues Boisvenu
Senate
Royal assent
2 Votes
Full Title: An Act to amend the Criminal Code (disclosure of information by jurors)
Criminal Justice
Healthcare

Summary

The bill amends Section 649 of the Criminal Code to adjust the confidentiality of jury proceedings. While it retains penalties for jurors disclosing deliberation details, it allows exceptions for disclosures to health professionals when jurors need medical or psychiatric help due to their service.

What it means for you

Jurors may feel less pressured to keep their experiences to themselves, allowing them to seek help without fear of legal consequences. This impacts both current jurors who may experience mental health challenges and the legal system, as healthier jurors could lead to better deliberation outcomes. However, there are concerns for potential jurors who might worry their confidentiality could be compromised, leading to reluctance in serving.

Expenses

Potential costs can be significant. The amendment could lead to increased healthcare spending for mental health services for jurors who seek help. This could put extra strain on public health resources and create budgetary challenges for local governments. Jurors may face out-of-pocket costs for mental health services if coverage is limited or if they don’t have health insurance.

Proponents view

Supporters argue that the bill is necessary to acknowledge the mental health impacts of jury service. Allowing jurors to discuss their experiences with medical professionals fosters mental well-being and removes the stigma associated with seeking help, which in turn could enhance jury effectiveness and aid in justice delivery.

Opponents view

Critics worry that loosening confidentiality could undermine the integrity of the jury system. They fear that even health-related disclosures might lead to bias or pressure among jurors, jeopardizing the fairness of trials. Additionally, the potential increase in healthcare costs adds another layer of concern, especially if the system is already facing budget constraints.

Original Bill

Votes

Vote 177

That the bill be now read a third time and do pass.

For (98%)
Paired (2%)
Vote 97

That the bill be now read a second time and referred to the Standing Committee on Justice and Human Rights.

For (98%)
Paired (2%)