An entrance to the Calgary Courts Centre. (THE CANADIAN PRESS/Jeff McIntosh)

An entrance to the Calgary Courts Centre. (THE CANADIAN PRESS/Jeff McIntosh)

Jurors as conscripts: Four things to know if you’re called upon

List stems from jury convicting man in the rape, beating death of a Calgary mother

Jurors convicted Curtis Healy of first-degree murder this fall after hearing a brutal account of how he raped and beat Dawns Baptiste, a Calgary mother of four, before killing her with a rock to her head.

Healy is appealing, in part, because the judge didn’t declare a mistrial after it was revealed some jurors had had drinks in their hotel’s restaurant even though they were already sequestered. Hockey highlights were on TV, other people were present and a server took their orders.

Here are four things to know if you’re chosen to serve on a jury:

Outside contact is strictly limited while deliberating

While evidence is being presented, jurors are free to go about their lives once each day is done. They are told to disregard anything they may see or hear about the case outside court. But once they’re deliberating, they are cut off from the general public. If the day ends without a verdict, they are put up in a hotel with no access to internet, phones or television.

Court of Queen’s Bench Justice Charlene Anderson called the restaurant visit inappropriate, but denied Healy’s mistrial application. There was no evidence the jurors had said, seen or heard anything about the case.

READ MORE: ‘I’ll never forgive you:’ Victim impact statements at hearing for Calgary killer

University of Toronto law professor Kent Roach says a 24-hour news cycle and social media complicate things.

“We’re asking a lot of our jurors, both during the trial and of course while they’re sequestered, to really blind themselves to this information age that we live in.”

Deliberations are secret

It’s a criminal offence — with a couple of exceptions — for jurors to ever disclose what was said during deliberations. They can never explain why they came to the decision they did, which makes it impossible for academics like Roach to interview them for research.

Toronto lawyer Allan Rouben says he appreciates the rationale behind the ban, but wants more leeway.

“Courts are worried that it will have a chilling effect on the fulsome debate that should occur within a jury room.”

Rouben says there are ways to handle that such as requiring jurors to remain anonymous and making clear they’re under no obligation to speak out.

He says allowing jurors to speak out would be especially beneficial in cases where they rendered a controversial verdict such as the acquittal of a Saskatchewan farmer in the fatal shooting death of an Indigenous man.

“The benefits of jury communication outweigh the costs.”

There are mental health considerations

Mark Farrant developed post-traumatic stress disorder after serving as jury foreman in a gruesome 2014 murder trial. He couldn’t sleep and withdrew from loved ones.

“I wasn’t able to partition the court experience and those images from my day-to-day life.”

The Toronto man says he was unable to get mental-health support from the courts after his jury duty. When he sought out a counsellor himself, he had trouble finding someone to take him on because of the secrecy rule.

A private member’s bill that has passed first reading in the House of Commons would amend the Criminal Code to allow jurors to speak freely to a health-care professional.

Some provinces offer support to jurors, but a Commons committee in May recommended a national approach. It also recommended jurors be given an information packet on how to cope with stress and go through debriefing sessions afterwards.

“We don’t conscript Canadians for the military anymore,” Farrant says. ”We do really conscript you for jury duty and it’s an enormous public service and integral to our justice system.”

Compensation varies

The Commons committee encouraged provinces and territories to give jurors a daily allowance of at least $120.

In Newfoundland and Labrador, workers must get their usual wages during jury duty. Everywhere else, it’s up to employers.

The current daily stipend varies wildly across the country. It’s $50 in Alberta. In Ontario, a $40-a-day allowance only kicks in on the 11th day. Quebecers get $103 a day until Day 57, when it rises to $160. There is also reimbursement in Quebec for mileage, parking and meals and, on a judge’s order, child care and counselling can be covered.

Lauren Krugel, The Canadian Press

Like us on Facebook and follow us on Twitter

Just Posted

Workers had a busy time today repairing a broken main water line. (District of Houston photo)
Water service being restored

Main line on 13th had broken

Flags at the District of Houston administrative building were lowered last week following the news that the remains of as many as 215 children were found buried on the grounds of the former Kamloops Indian Residential School. The flags were raised back up yesterday. (Houston Today photo)
Flags lowered in memory

Flags at the District of Houston administrative building were lowered last week… Continue reading

Bruce Tang- Unsplash photo
World Elder Abuse Awareness Day

“Older adults in our communities continue to find themselves in vulnerable situations… Continue reading

Canadian Prime Minister Justin Trudeau participates in a plenary session at the G7 Summit in Carbis Bay, England on Friday June 11, 2021. THE CANADIAN PRESS/Adrian Wyld
Canada donating 13M surplus COVID-19 vaccine doses to poor countries

Trudeau says the government will pay for 87 million shots to be distributed to poor countries

Premier John Horgan speaks as provincial health officer Dr. Bonnie Henry, right, and health minister Adrian Dix look on during a press conference to update on the province’s fall pandemic preparedness plan during a press conference from the press theatre at Legislature in Victoria, Wednesday, Sept. 9, 2020. THE CANADIAN PRESS/Chad Hipolito
B.C. officials to provide details on Step 2 of COVID reopening plan Monday

Step 2 could allow for larger gatherings and a resumption of recreational travel

Indigenous Services Minister Marc Miller is seen during a news conference, Wednesday May 19, 2021 in Ottawa. THE CANADIAN PRESS/Adrian Wyld
Indigenous child-welfare battle heads to court despite calls for Ottawa to drop cases

Feds are poised to argue against two Canadian Human Rights Tribunal rulings

The Great Ogopogo Bathtub Race has been held in Summerland as a fundraising event. Do you know which Canadian city introduced this sport? (Black Press file photo)
QUIZ: A summer’s day at the water

How much do you know about boats, lakes and water?

Two-year-old Ivy McLeod laughs while playing with Lucky the puppy outside their Chilliwack home on Thursday, June 10, 2021. (Jenna Hauck/ Chilliwack Progress)
VIDEO: B.C. family finds ‘perfect’ puppy with limb difference for 2-year-old Ivy

Ivy has special bond with Lucky the puppy who was also born with limb difference

A million-dollar ticket was sold to an individual in Vernon from the Lotto Max draw Friday, June 11, 2021. (Photo courtesy of BCLC)
Lottery ticket worth $1 million sold in Vernon

One lucky individual holds one of 20 tickets worth $1 million from Friday’s Lotto Max draw

“65 years, I’ve carried the stories in my mind and live it every day,” says Jack Kruger. (Athena Bonneau)
‘Maybe this time they will listen’: Survivor shares stories from B.C. residential school

Jack Kruger, living in Syilx territory, wasn’t surprised by news of 215 children’s remains found on the grounds of the former Kamloops Indian Residential School

A logging truck carries its load down the Elaho Valley near in Squamish, B.C. in this file photo. THE CANADIAN PRESS/Chuck Stoody
Squamish Nation calls for old-growth logging moratorium in its territory

The nation says 44% of old-growth forests in its 6,900-square kilometre territory are protected while the rest remain at risk

Most Read