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

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Saanich council recently adopted a 131-step climate action plan expected to cost $2.5-million in the first year of implementation. (Black Press Media file photo)
Tensions high as Saanich considers reigniting local area plan review

Majority vote pushes discussion to fall strategic plan check-in

Alphabet Zoo Early Learning Centre wants to relocate from Langford to 3322 Fulton Rd. in Colwood, but has not been approved for a P-6 zoning by Colwood council. Residents who neighbour the property, have expressed concern to the Goldstream Gazette regarding the potential daycare site. Neighbours Ryan Landa and Selene Winchester said the noise of construction has been disruptive to the area, and the property is not suitable for a daycare. (Photo contributed/Ryan Landa)
Proposed West Shore daycare stirs up controversy amongst neighbours

Neighbouring property owners are concerned about traffic, noise that a daycare would bring to the area

(Black Press Media file photo)
Central Saanich surveys residents’ thoughts on active transportation plan

The online survey results will be used to finalize the plan before it heads to council

Oaklands Elementary’s Division 5 Grade 4/5 class posed with Leila Bui (middle), her dad Tuan Bui (crouching to her left) and mom Kairry Nguyen (right) after presenting the family with a cheque for $710 raised by the students during a necklace sale in December 2020. (Photos courtesy Kairry Nguyen)
Victoria students raise funds for girl seriously injured when struck by vehicle in crosswalk

Oaklands Elementary class contributes to purchase of all-terrain wheelchair for Leila Bui

Saanich Fire Department. (Black Press Media file photo)
Fire displaces three Saanich families from two homes

Saanich firefighters found the fire had spread to a neighbouring home upon arriving

(The Canadian Press)
‘Worse than Sept. 11, SARS and financial crisis combined’: Tourism industry in crisis

Travel services saw the biggest drop in active businesses with 31 per cent fewer firms operating

(BC SPCA)
Is it safe to give your dog some peanut butter? Not always, BC SPCA warns

Some commercial peanut butter ingredients can be harmful to dogs

Cole Moore with one of his sisters, Jasmin Moore. Photo supplied
Vancouver Island man looks to brain surgery for second chance

Fingers crossed that procedure can give Cole Moore a new lease on life after decade of seizures

Health Minister Adrian Dix, front, B.C. Premier John Horgan and provincial health officer Dr. Bonnie Henry arrive for a news conference about the provincial response to the coronavirus, in Vancouver, B.C., Friday, March 6, 2020. Pandemic emergency measures have been in place for almost a year. THE CANADIAN PRESS/Darryl Dyck
B.C. officials plead for patience as 1.7 million COVID-19 calls flood in

Vaccine registration for 90-plus seniors opened Monday

A West Kootenay man died in an avalanche on March 4 while snowmobiling near Mount Payne, which is indicted by the red flag. Illustration: Google Maps
B.C. father of 3 dead after avalanche in West Kootenay

The man was snowmobiling with a group when incident occurred March 4

A health-care worker prepares a dose of the Pfizer-BioNTech COVID-19 vaccine at a UHN COVID-19 vaccine clinic in Toronto on Thursday, January 7, 2021. THE CANADIAN PRESS/Nathan Denette
Vaccine hesitancy decreases in B.C. as mass immunizations set to begin: poll

Two-thirds of British Columbians, and Canadians, would get the vaccine as soon as possible

Software engineer Shaimma Yehia, 40, has been forced to re-skill during the COVID-19 pandemic after more than six years of unsuccessfully applying for jobs in B.C.’s tech industry. (Submitted photo/Shaimma Yehia)
Why skilled immigrant women continue to be shut out of B.C.’s booming tech sector

Experienced software engineer Shaimma Yehia, 40, hasn’t found a job since she migrated to Canada 6 years ago

A woman walks through Toronto’s financial district on Monday, July 30, 2018. A new poll suggests most Canadians believe there’s still a long way to go to achieve gender equality in this country. THE CANADIAN PRESS/Graeme Roy
Canadians, especially women, say gender equality not achieved in Canada: Poll

Poll results themselves underscore the challenge, with more men believing equality had been achieved

Most Read