Forestdale Heights Lodge
As I See It
Marc Kates
Marc Kates








I had the privilege and the honour to be chosen to sit and adjudicate on a jury. I know that there are many who would try to get out of it, but how could I, the teacher, the one who teaches about civic responsibilities and the importance of being an upstanding citizen, not use this as a learning opportunity for myself? If I am not going to try to instill the values of democracy in my pupils, who will?

I sat for two whole days at the University Avenue Courthouse simply waiting. (It wasn’t a complete waste of time as I was able to complete a large chunk of my report cards, a rare chance to get hours of work done at a time without interruptions, and without distractions.) At the end of the first day, we all filed out of the large room and up to the courtroom to be processed. It was there, sitting in a large courtroom, that the registrar read out the 13 charges against the accused. It now became very real. Chosen at random, we were selected in smaller groups to head into a second courtroom. I was part of the first group. After filling out a questionnaire, we were summoned one by one before the judge, who read our responses and asked us questions. I was honest. If I was chosen as a juror, yes, I would be missing proctoring the Grade 6 mandatory provincial testing, and the 3-day Grade 6 overnight trip, but that didn’t matter to the judge who then bestowed upon me the name, “Juror #4.” Shuffled off into another room, I quickly met the first three jurors and introduced myself. One by one, the jury room filled up with 12 new jury members, and two alternates. The trial, we were told, was to begin immediately the following day. My life, for the next little bit, would be very, very different. I had no real idea what was to come next, but I took it all in stride.

The following day, I dutifully showed up in court. We were whisked away to a secluded jury room, where we were introduced to the jury constable who explained what was going to happen next. He took our morning snack order, handed out our jury binders with blank lined paper, and before we knew it, we were being called to the courtroom.

The proceedings moved quickly. The Crown began, and laid out its case against the accused. My stomach was all in knots, and I thought I was going to throw up. My stomach eventually settled, but I could not “unsee” what evidence was presented to us.

I quickly got into my new routine as Juror #4, but I still planned lessons for my students, and yes, I did not end up going on the trip. The best part of it all was meeting a cross-section of Canadian society with people of diverse backgrounds and beliefs, who I never would have met otherwise. For days we sat in the courthouse listening to witness after witness, and having evidence presented. Finally, closing arguments were made, and the case was placed in our hands. On the second day of the judge’s instructions, we were also told to pack a bag, in case we were going to be sequestered. Sure enough, that night, the jury was put into sequestration. My phone was taken away, I no longer had contact with the outside world, the hotel room’s phone and TV were disconnected, and a guard was posted at the door. That first day of deliberations, I was chosen as the foreperson. The rest of those impacted by the case, the judge, the lawyers, the accused, and the court personnel did not leave the building that night until we, the jury, had retired at approximately 8 p.m. The following day, we deliberated non-stop. We were still under complete lock and key, and when one of the jury members needed to go outside for a cigarette, we all had to accompany him.

After hours of discussion, reading, posing questions, asking the judge for assistance, and debating amongst ourselves, often with much passion, we reached a verdict. At approximately 10 p.m., I read out the verdict in court, and we had completed the task we were charged to do. By midnight, I arrived home exhausted, both mentally and physically. From being “Juror #4” and the foreperson, I could just go back to being “Marc” or “Daddy.” So, who won? The answer is clear– no one.

In this case, everyone lost. The members of the jury and the court employees lost time from being at home with their families. The victim of the alleged crimes lost more than I can imagine. The accused lost their freedom. The Crown lost out on convincing the jury beyond a shadow of a doubt, and the police lost credibility in our eyes.

In the end, justice did prevail. Is it perfect? No. However, it is the best system we have, and despite its numerous flaws, I lived up to my obligations as a Canadian citizen.

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