Call for changes to provincial Juries Act

Liberal seeks more access to judicial process for Indigenous people

ALiberal MPP is hoping the PC government will act where her Liberals fell short by amending the Juries Act to allow greater participation by Indigenous people.

Nathalie Des Rosiers tabled private member’s legislation Thursday that would enact a key recommendation of former Supreme Court justice Frank Iacobucci’s 2013 report on the lack of First Nations representation in jury trials and inquests.

While the previous Liberal government commissioned the Iacabucci review in 2011 and acted upon some of his 17 recommendations, a key one remains unfulfilled.

Des Rosiers wants to change Juries Act provisions that prevent those who have been convicted of minor criminal offences from serving as jurors.

The Ottawa-Vanier MPP, a law school dean and former minister in the previous Liberal government, said it’s time to “eliminate criteria that would systematically, sometimes unwittingly, exclude” people from participating.

“The impartiality and the representativeness of a jury is essential for it to perform the task that it does play in our justice system,” Des Rosiers said.

“It is not because potential jurors have been convicted of anything that they are necessarily unable to carefully listen to the evidence, assess facts, and be impartial,” she said.

“We should know that 25 per cent of Canadians have a criminal record — not all of them for an indictable offence — but nonetheless ... the restrictions that we have now eliminate too many people from too many groups from the list of juries.”

Her bill is modelled on Saskatchewan legislation that states only residents who are “legally confined to an institution” are ineligible for jury duty.

“This Saskatchewan model is a better and fairer solution.”

Attorney General Caroline Mulroney dodged reporters and was not available to comment on whether the government would consider Des Rosiers’ proposal.

In 2013, Iacobucci found “systemic racism” in the courts, prison and jury process. He urged the province t o implement all his recommendations, warning the problem “warrants urgent response.”