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

Supporter Gordy Dodd cheers on HeroWork Victoria executive director Trevor Botkin, who will be in a lift for 36 hours beside Dodd’s Furniture and Mattress on April 16 and 17 to raise funds for the organization’s next project, a makeover of the Salvation Army’s Addiction and Rehabilitation Centre on Johnson Street. (Courtesy HeroWork Victoria)
HeroWork Victoria tackles makeover of Salvation Army rehab centre

Executive director to spend 36 hours living in a lift as fundraiser

Grandmothers to Grandmothers is a campaign that connects Canadian grandmothers with grandmothers in Africa who are caring for children orphaned by AIDS. Here, they are in Kakuto, Uganda in 2018. (Kibuuka Mukisa Oscar photo)
Greater Victoria and African grandmothers celebrate solidarity with virtual concert

Grandmothers to Grandmothers supports women in Africa caring for children orphaned by AIDS

Naloxone is used to treat opioid overdoses. (Black Press Media files)
Island Health issues overdose advisory for Greater Victoria

The advisory directs bystanders to an overdose to call 911 and administer naloxone

West Shore RCMP is seeking information about a collision involving a car and a bicycle on Six Mile Road, near the Island Highway, at 11:30 a.m. on April 7. (Black Press Media file photo)
West Shore RCMP seeks information about collision between bike, car

Collision occured on Six Mile Road on April 7 and a bystander got the blue car’s plate number

Oak Bay Police. (Black Press File Photo)
Driver caught accelerating to twice the speed limit through Oak Bay school zone

Officers also responded to impaired drivers and multiple thefts last week

Restaurant patrons enjoy the weather on a patio in Vancouver, B.C., Monday, April 5, 2021. The province has restricted indoor dining at all restaurants in B.C. due to a spike in COVID-19 numbers. THE CANADIAN PRESS/Jonathan Hayward
B.C.’s COVID-19 indoor dining, drinking ban extending into May

Restaurant association says patio rules to be clarified

Two men were seen removing red dresses alongside the Island Highway in Oyster Bay. (Submitted photo)
Two men filmed removing red dresses from trees on highway near Ladysmith

Activists hung the dresses to raise awareness for Vancouver Island’s Murdered/Missing Women & Girls

B.C. Premier John Horgan speaks at the B.C. legislature. (B.C. government)
Tougher COVID-19 restrictions in B.C., including travel, still ‘on the table’: Horgan

John Horgan says travel restrictions will be discussed Wednesday by the provincial cabinet

RCMP on scene yesterday at the altercation at the trailer park. (Submitted photo)
Violent altercation at Port Hardy trailer park sends one to hospital

Police say man confronted another over airsoft shooting, then was attacked with a weapon

John Albert Buchanan was found guilty of manslaughter in the 2017 death of Richard Sitar. Pictured here, Buchanan walking to the court in Nanaimo last year. (Karl Yu/News Bulletin)
Six years including time served for Nanaimo man in bludgeoning death

John Albert Buchanan sentenced in B.C. Supreme Court in Nanaimo for death of Richard Sitar

Flow Academy is not accepting membership applications from anybody who has received a dose of the vaccine, according to a password-protected membership application form. (Submitted image)
B.C. martial arts gym refusing patrons who have been vaccinated, wear masks

Interior Health has already issued a ticket to Flow Academy for non-compliance with public health orders

Guinevere, lovingly referred to by Jackee Sullivan and her family as Gwenny, is in need of a gynecological surgery. The family is raising money to help offset the cost of the procedure. (Jackee Sullivan/Special to Langley Advance Times)
Langley lizard’s owners raise funds for gynecological surgery

The young reptile is scheduled for operation on Tuesday

Facebook screenshot of the sea lion on Holberg Road. (Greg Clarke Facebook video)
VIDEO: Sea lion randomly spotted on remote B.C. logging road

Greg Clarke was driving home on the Holberg Road April 12, when he saw a large sea lion.

Defence counsel for the accused entered two not guilty pleas by phone to Grand Forks Provincial Court Tuesday, Jan. 12. File photo
B.C. seafood company owner fined $25K for eating receipt, obstructing DFO inspection

Richmond company Tenshi Seafood is facing $75,000 in fines as decided March 4 by a provincial court judge

Most Read