Jury Duty

 

On Thursday, January 5, 2023, I had to present myself for jury duty at 8:30 a.m. at the Ottawa Courthouse.

I arrived, went through security, and was sent upstairs to mill about in the hallway with a group of about 80 people, from which 12 people would be chosen, plus two alternates. Some people were chatty. I was not. I didn’t especially want to be there and I didn’t want to make friends.

We were ushered into a waiting room and lined up to present our summons and ID to the court clerks. They checked our information against their list and assigned us a number. I was juror number 1405.

Another hour or so later, we were brought into the court chamber to be briefed on what the trial would entail. Indictments are public record. We were informed that the trial was that of Tristan Campbell, who was being charged with one count of murder and two counts of attempted murder concerning an incident that took place in May 2018 in Ottawa. The prosecution, the defense and the accused were in the courtroom as we were being briefed. The judge asked us to consider any conscious or unconscious racial bias that we might harbour and whether this would impact our ability to serve on the jury in the trial of a black man. The trial was scheduled to start on Monday, January 9 and was expected to last one month.

We were sent back to the waiting room. A court clerk came and called out 10 numbers, and those people were taken back to the courtroom to be interviewed individually. The rest of us waited. Another hour or so later, another group of 10 was called. Most people had brought a book or spent their time on their phone. The courthouse had free wifi. I settled into reading a book on my iPad. Another group of 10 was called. And then another.

By noon, we were starting to get hungry and restless. At 12:45 the court clerk said that we’d probably be released for lunch soon. We were released for lunch at 1:10 and told to be back by 2:00. I hadn’t brought a lunch with me. I thought that lunch would be provided. It wasn’t. I went out to a sandwich place a couple of blocks away.

At 2:15 another group of 10 was called. And then another group. The time was going on 4:00. Someone asked the court clerk how much longer it would be. The clerk said that the 12 jurors had already been picked and only the two alternates remained to be chosen. He said that it was likely that they would be found in this last group. So, could we leave? Not yet. Not until the selection process was completed.

Feeling like I had dodged a bullet, I waited with the remaining people for permission to leave. About 40 minutes later the court clerk came back. They needed just one more person. Number 1450. Whew, almost like my number! The clerk waited expectantly. No one answered to 1450. He called out the number again. No answer. The clerk checked his paper: 1405. Crap. That’s me. I gathered my things and followed him.

In the courtroom, the judge asked if there was anything I wanted to say before the questioning process began. Well, yes. On Sunday, January 1, New Year’s Day we resumed hosting our Hair-of the-Dog music jam, after two years of being suspended due to COVID. It was our best jam ever, with a great turnout of musicians. However, on Monday we got a call from a person who had attended the jam, saying that they weren’t feeling well on Sunday night and Monday morning they tested positive for COVID. Oh my. We contacted everyone who had attended the jam to let them know that one of the guests had tested positive. On Wednesday, our brother-in-law messaged to let us know that he had tested positive too. This was now Thursday. I had been in close contact with two people who had tested positive for COVID, spread at an event in my home. The judge nodded and dismissed me from jury duty. The clerk went back to the waiting room to find another prospective juror.

My case was one of a number of reasons why a group of 80 people is summoned to find a jury of 12 and two alternates. Many people can’t be available for a month-long trial because they have other commitments, as workers, business owners, parents, caregivers, students, etc.

At the time of writing this, February 1, 2023, the trial is still underway. In Ontario, compensation for serving on a jury is as follows: day one to ten: No compensation. From day 11 to 49: $40 per day. From day 50 to the last day of trial: $100 per day. Employers are required to give employees time off to serve as jurors but they are not required to pay their salaries. Who can afford to be a juror? The retired, the unemployed?

Between economic constraints and other commitments, are the people who end up on a jury actually “peers” of the accused? I didn’t end up serving this time but I appreciated the outside glimpse into process of justice, and it makes me wonder about the system’s inherent biases.

*****

Lingering Thoughts

What would have happened if the court clerk had not realized that he had mistakenly called out the wrong number? Would I have been reported and convicted for allegedly having been absent or failing to respond when summoned?