Thank you, Mr. Chairman. I am pleased to be here today to speak about Bill 38, An Act to Amend the Jury Act.
The main focus of the amendments to the Jury Act is to permit the Department of Justice to develop regulations that will allow French-speaking residents of Yellowknife to be effectively identified for inclusion on a specialized French jury list. There are also a number of minor amendments, including one that will add Public Prosecution Service of Canada employees to the list of persons exempted from jury service. Another amendment will repeal the provision of the act that references fees being specified in the Rules of the Supreme Court, as the Jury Fees Regulations now fulfill this requirement.
The need to amend the act became apparent in 2013, when a mistrial resulted from an inability to establish a French jury in Yellowknife, despite an extensive process that saw the sheriff summons four times the usual number of potential jurors. The Criminal Code provides for the right of an individual to be tried in either of Canada’s official languages in respect of a criminal matter heard anywhere in Canada. It is our obligation to ensure that we can facilitate that here in the Northwest Territories.
The selection of an NWT jury must proceed strictly in accordance with the provisions of the Jury Act. Currently, the sheriff is only allowed to collect information derived from health care registrations that show the name and address of persons who are 18 years of age or older. There is no present authority to seek information about the languages used or understood by health care registrants. Without the changes included in this legislation, it
will be difficult to empanel a French or bilingual jury in the Northwest Territories.
This legislation results from a very careful review of the government’s legal obligations. The Department of Justice has kept the Supreme Court fully informed of its plans, including sharing this proposed legislation. Departmental officials have met with representatives of the Yellowknife and Northwest Territories’ francophone communities to explore mechanisms that would permit the effective identification of a French-speaking jury pool. This engagement will continue as regulations are developed under the amended Jury Act. We know that we will need the continuing assistance of the French community, and I am confident that we will receive that support.
I would like to thank the Standing Committee on Social Programs for its review of Bill 38, and would be pleased to answer any questions that Members may have regarding this bill. Thank you.