Thursday, June 08, 2023

Jury Duty

Jury summons tend to go a number of ways. A lot of times, you get the summons but then find out the court date has been cancelled. Other times you get the summons, but for various reasons, it might be impossible to attend as you won’t be in town that day. You contact the Sherriff’s office, let them know, and that’s that.


Then there are the times you find yourself in a hotel conference room with 100 other people waiting to hear if your randomly assigned number is going to be pulled from a hat. That happened to me last month. My number got called and I had to stand in front of a judge. He asked if I had a reason why I couldn't serve on the jury and I only had one answer I could honestly give.

"No, your Honour."

And with that, my two-week journey in the Nunavut criminal justice system began.

I'm not going to get into a lot of details on the case. Nunatsiaq News has extensive coverage of the court case. And in case you're thinking, "Well, which jury trial was it?" to the best of our knowledge, it's the first jury trial in Iqaluit in over a decade. I can't swear on Bibles (or Affirm) to that, but I think that's right.

And I really, really can't get into what it was like in the jury room. What happened in there, the discussions we had, are confidential and it's critical to maintain that confidentiality. So I won't discuss it, and never bother asking me about it.

What I can say is this...it was a very important experience for me. I'm not going to use life-changing - a phrase I generally loathe as most experiences are life-changing - but I'm glad I did it. I'm glad I had that experience. I'm not saying it was easy. It wasn't. There were times when the jury was sent from the court when a witness broke down relating horrifying abuse. All I wanted to do was go outside and find a snowbank to bury my head in. There was a spin cycle I had going for my first few days sitting in court.

This is horrible to listen to --> The people testifying had it much, much worse. Suck it up --> Because they went through something horrible does not invalidate you feeling bad listening to it. --> The lawyers and other court officials have had to deal with this for longer. Suck it up --> Because they've been working on this case and dealing with this for longer does not invalidate you feeling bad.

Spin. Rinse. Repeat.

At the end of the jury's work, we were given counselling information and the judge strongly encouraged us to take advantage of it. I've already made an appointment, and I hope the others will as well.

So why do this? I knew before I was called before the judge that this was going to be a challenging case to listen to. I could have come up with an excuse to get out of it. Prior knowledge of the case. Bias. Something.

But I've always wanted to serve on a jury. I wanted that experience and I'm glad I have it. But I've had something else rattling around in my head for a few years, and serving on this jury solidified it for me. It isn't a shocking revelation that public discourse has taken a beating in the age of social media. Things are getting angrier and scarier out there. And far too often, I hear people yell that their rights are being suppressed or stamped upon. But not nearly enough do I hear about taking their responsibilities as Canadian citizens seriously. The responsibilities part is equally important. It's why people who brag they don't vote make me nearly homicidal at times.

Canadians are gifted with a staggering number of rights. Read the Charter if you want a refresher. And these are your responsibilities:

  • Obeying the law: Everyone must obey the law, even if they are in a high position

  • Taking responsibility for oneself and one's family: It is important to get a job, and take care of one's family, and to work hard. This helps to make Canada a strong country.

  • Serving on a jury: When a person is in court, a jury is a group of people who help the judge to make decisions about whether the person who is on trial is guilty or not guilty. If you get a letter asking you to serve on a jury, you must answer the letter, and serve on the jury if you are asked. 

  • Voting in elections: You are responsible to vote in elections. There are three kinds of elections; federal elections (for the whole country), provincial or territorial elections, and local elections (for a municipality or city).

  • Helping others in the community: Canadian citizens often volunteer. This means that they work without pay to help people. It is a good way to gain useful skills, make friends and network for jobs. 

  • Protecting and enjoying our heritage and environment. Every Canadian citizen needs to help protect Canada by avoiding waste and pollution. We want to keep Canada's nature beautiful, and not forget what our parents and grandparents taught us about our culture.

These are not hard things to accomplish. For the number of rights you get as a Canadian, this is playing at the easy setting of life responsibilities. And yet, the first reaction of many when they get a jury summons is to figure out how they can get out of it. Don't. I understand sometimes it is simply inevitable that you can't serve. But try to find a way to work your life around serving on a jury rather than trying to figure out how to avoid it.

Toward the end of the trial, I found myself writing. I wanted to say thanks to everyone at the court for their work and for taking care of the jury. I read it to my fellow jjurors and they all agreed with it, for which I'm grateful. With the judge's permission, I read it out in court. I confess, I was surprised by how emotional I got. I won't put the whole thing up here, but it's one of the best things I've written in a while. Particularly this paragraph.

"It has been a rare opportunity to see a side of justice that many Canadians do not experience and should. It has been an important reminder that, as Canadians, responsibilities come with our rights, and we are grateful for the chance to balance our scales. We have also had the opportunity to witness strength and perseverance that will stay with us for the rest of our lives."

Not everything has to be awful when you're a juror on these cases. Sometimes....sometimes you can be astonished at what people can endure and still find the strength to speak. The least you can do is sit and listen. And sometimes even give them justice.