By James Peters

Kamloops woman helped shape changes to Canada’s jury system

May 24, 2018 | 11:36 AM

KAMLOOPS — A Kamloops woman who called for more supports for former jurors is pleased with a report from the parliamentary committee struck to look into the issue.

The report, entitled “Improving Support for Jurors in Canada,” was released this week by the Standing Committee on Justice and Human Rights.

Michaela Swan testified before the committee last November.

She served as the jury forewoman on a 2016 B.C. Supreme Court murder trial in Kamloops, and says the experience showed how support for jurors is lacking.

“Through that experience and things that I felt and things that my peers in the jury experienced, I really became passionate at the end of that when there were no supports available as we transitioned to normal life,” said Swan.

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The committee’s report makes a total of 11 recommendations, ranging from increased mental health supports to revamped information packages to better inform prospective jurors.

Swan says those who receive a summons for jury duty should have a better idea what they’re getting into.

“Ultimately you’re summoned, and there’s sort of a duty that you have to show up. In Canada, you hear about lots of people who are trying to get out of jury duty and I don’t think there should be that fear. I think people should show up, have an informed consent about what’s going on,” said Swan. “Depending on what’s going on in people’s lives, you’re always at a different place with if you’re able to take on extra stress at that point in time.”

Some Canadian jurors have reported suffering from Post-Traumatic Stress Disorder (PTSD) after seeing graphic evidence and hearing unsettling testimony.

Upon the conclusion of the murder trial she served on, Swan says there was little acknowledgement the experience might follow her back into her everyday life.

“I’m passionate about [our] civic duty to serve in the justice system in Canada and we genuinely are motivated to do the right thing. But it is extremely stressful to see the graphic evidence that was presented, to understand the investigative techniques that were used and then ultimately make a decision,” she said.

“At the end of that trial, we had a quick, 15-minute conversation with the judge. I had Sunday off and returned back to work on Monday.”

Recommendations also include increasing compensation for jurors, who may be away from work for weeks at a time.

British Columbia is already acting on the parliamentary report’s recommendations.

On Thursday, B.C. Attorney General David Eby announced a new support program that will offer free post-trial counselling sessions for jurors who have experienced mental health challenges and stress.

“It’s hard. It’s really hard to go through that and be removed from your life,” said Swan. “So I think people would just like to continue and not be a part of it. At the same time, we actually have a justice system in Canada to be proud of and there is a duty for all of us to be there and to be judged in front of a jury of our peers.”