Bill that would have improved mental support for jurors dies in Senate
By The Canadian Press
Sun., June 23, 2019timer3 min. read
A
prominent juror advocate says he’s frustrated and angry after a private
member’s bill aimed at improving mental-health support for traumatized
jury members died in the Senate.
Mark Farrant of Toronto was a
driving force behind the proposed legislation, which would have amended
Section 649 of the Criminal Code.
Conservative
deputy justice critic Michael Cooper brought the bill forward saying
people who sit through gruesome trials and suffer stress, anxiety and
even post-traumatic stress disorder should be able to seek help from
mental-health professionals.
The current legislation surrounding
jury secrecy prohibits jurors from talking about jury deliberations
forever, preventing them from seeking help.
Despite unanimous support from the House of Commons, Farrant says the bill died in the Senate.
“It died at the very bottom of the order paper. It was the last one on the list,” he says.
“I’ve
got mixed emotions. I think they’re all negative. I’m frustrated. I’m
angry that it just didn’t get a chance and wasn’t even brought up.”
Farrant,
who became an advocate for jurors after he developed post-traumatic
stress disorder following a 2014 murder trial in Ontario, says he
experienced challenges getting health care.
“Because of the
illegality associated with that secrecy rule, I had psychologists that
were unwilling to take me on because they were fearful of legal
ramifications. They didn’t know what to do, so they turned me away.”
The proposed legislation was simple, he says.
“The
bill stated that a juror could have a conversation, including aspects
of deliberation, with a licensed medical practitioner within the
confines of that arena.”
People who are suffering with their
mental health are typically encouraged to speak about their feelings and
to seek professional help, Farrant says. But that’s not what the
Criminal Code does for those who serve on juries.
“The
last thing we want to do is tell people that they’re bound to secrecy
over negative mental health. That’s what jurors are facing right now,”
he says.
“There are so many jurors who come out of cases that just feel unhinged and they feel stressed.”
Farrant
is disappointed the bill, along with one proposed by former interim
Conservative leader Rona Ambrose to give mandatory sexual assault
training to federally-appointed judges, was ignored after receiving
overwhelming support from members of Parliament, he says.
He has no doubt the juror bill will return someday to the House of Commons, he adds.
And he’s going to be there to “make sure it happens.”
— By Bill Graveland in Calgary
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