Legislation to ‘modernize’ selection process

The Saskatchewan government has introduced legislation to “modernize” the jury selection process, which includes excluding chiefs and other band councillors, allowing spouses of municipal officials in the jury pool and targeting specific geographic areas.

The changes to The Jury Act will allow those responsible for generating lists of potential jurors to better determine specific geographical areas from which to summon those for the jury pool through a targeted draw.

In Saskatchewan, prospective jurors are chosen at random using computerized lists of adults with Saskatchewan health cards.

The amendments will allow the province to consider travel time for potential jurors, while also ensuring it’s not unnecessarily shrinking the jury pool. The hope is that by making it easier for potential jurors to attend proceedings, it will improve jury participation and representation.

“The intention is to try and broaden where they send out the notices to,” Justice Minister Don Morgan told reporters outside the legislature on Monday.

The current exclusion of spouses of reeves, mayors, city councillors and other officials will be removed to allow for increased juror eligibility and participation.

But to make the act consistent with the exclusion of mayors, city councillors, and other elected municipal officials from jury duty, the legislation contains amendments that exclude chiefs and council members from First Nation bands from serving as jurors. Morgan said bands were consulted and supported the change.

None of the changes, however, are expected to ease criticism about the shortage of Indigenous people on juries.

Morgan noted Saskatchewan case law has consistently stated an accused is “entitled to have a jury of people that are representative of the citizens” — but not one that is necessarily a jury of Indigenous or non-indigenous people.

He said the number of Indigenous people in the jury pool has more to do with a problem that also exists in non-indigenous communities — and people simply not showing up for jury duty or trying to get excused.

“It is an obligation that’s on the on the public at large,” said Morgan. “Fortunately, it’s only happened once or twice where the sheriff has had to go out and gather people off the street to try and empanel a jury.

“I think that’s an unfair position on our staff or on the system,” he added.

Morgan said the changes will also provide other compensation to make it easier for people to serve on juries. “If they need money for childcare when they’re gone, or if they have to travel overnight or whatever they need it ... It used to be it was regarded as a civic duty. And of course it is. But there’s a recognition that people do have out of pocket expenses,” he added.

The amendments also provide increased protection for the personal information of jurors and potential jurors. Personal information of jurors and potential jurors will no longer be part of the public record, but will be available to parties of a proceeding. It may also be made available under specific terms and conditions imposed by the court.