Mr. Speaker, I am pleased to participate in today's debate of Bill C-75. I would like to use my time today to discuss some aspects of amendments to the selection of juries. As we know, jury reform is an area of shared jurisdiction and Parliament is responsible for the criminal law and the rules in the Criminal Code setting out the framework for in-court jury selection. The provinces and territories are responsible for determining, for example, who is eligible for jury duty and the process by which the jury roll is compiled. Bill C-75 proposes several reforms with respect to the in-court jury selection process.

First, is the abolishment of peremptory challenges. The Standing Committee on Justice and Human Rights heard several witnesses testify on jury reforms. Several legal experts and advocates expressed strong support for their elimination, as it would finally put an end to discriminatory exclusion of jurors.

Kent Roach from the University of Toronto stated:

The proposed abolition of peremptory challenges in s.271 of Bill C-75 is the most effective and efficient way to ensure that neither the Crown or the accused engages in discrimination against Aboriginal people and other disadvantaged and identifiable groups when selecting a juror.

Brent Kettles from Toronto said:

...having peremptory challenges cannot help but lower the public confidence in the administration of justice when members of the public and perspective jurors watch perspective jurors excluded on the basis of no reason, on the basis of no evidence, and without any information.

When those exclusions are based basically on the gut feeling of who is likely to be sympathetic to one side or the other, then that doesn't give the public or perspective jurors a feeling that jury selection is happening in a way that is fair and impartial, and also represents the community.

Legal expert Vanessa McDonnell noted:

It's important to recognize that these challenges have historically been, and can be, used against accused persons to their detriment. We have to balance the perceived benefit of having the peremptory challenge in your pocket to challenge someone whom defence counsel doesn't feel quite right about against the very real risk, I would suggest, that these challenges are going to be used in a way that disadvantages the accused person. My view is that, on balance, the potential harm, not only to the system but to accused persons, is greater than any benefit that accrues.

Discrimination in the selection of juries has been documented for decades. Concerns about the discriminatory use of peremptory challenges and its impact on indigenous people being under-represented on juries were raised in 1991 by Senator Murray Sinclair, then a judge with the Manitoba aboriginal justice inquiry.

More recently, we heard from retired Supreme Court Justice Frank Iacobucci, who studied these issues in his 2013 report on first nations representation on Ontario Juries. Having read these reports and after hearing from many experts on the topic, I am confident that Bill C-75 proposes the right approach in abolishing peremptory challenges. It is a simple and effective way to prevent deliberate discrimination and the arbitrary exclusion of qualified jury members.

Furthermore, to bring greater efficiencies to the jury selection process and to make it more impartial, the bill proposes to empower a judge to decide whether to exclude jurors challenged for cause—for example, because they are biased to one side—by either the defence or prosecution.

Currently, such challenges are decided by two laypersons called “triers” who are not trained in the law. This process has been problematic, causing delays in jury trials even before they begin and appeals resulting in orders for a new trial.

The proposal would shift the responsibility for such challenges to judges, who are trained adjudicators and therefore better placed to screen out impartial jurors. The proposed change reflects a recommendation made in 2009 by the Steering Committee on Justice Efficiencies and Access to the Justice System, a group established by the federal-provincial-territorial ministers of justice, comprising judges, deputy ministers of justice from across Canada, defence lawyers, representatives of the bar associations and the police. It is also consistent with what is done in other common law countries, such as England, Australia and New Zealand.

I am confident that this change in procedure would result in improvements in the overall efficiency of our jury trials.

There are also several proposed changes to modernize and update the challenge for cause grounds. Notably, the proposed change to reduce the number of jurors with criminal records for minor offences who could be challenged and excluded from jury duty would help address concerns that excluding individuals with minor criminal records disproportionately impacts certain segments of society, including indigenous persons, as noted by Justice Iacobucci. It would also assist in improving broader participation on juries, and thus, jury representativeness.

In conclusion, the jury reforms in Bill C-75 would mark critical progress in the area of promoting fairness, diversity and participation in the jury selection process. These improvements would also enhance efficiencies, as well as public confidence, in the criminal justice system.

I call upon all members of the House to support this transformative bill.

Doug Eyolfson

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