Citizen Oversight and the Case for Reintroducing Grand Juries in Canada

Sara Santos-Vigneault
Jun 10
4 min read

Protesters hold red signs with bold texts "Pandemic Terrorism Must Be Stopped" and "The Virus is Here" on a street with green trees.

Understanding Parliamentary Control in Canada

Canada's parliamentary democracy entrusts legislative authority to elected representatives. However, significant control often resides with party leadership and the executive branch, limiting individual Members of Parliament (MPs) in representing their constituents' interests.

Key Issues:

Party Discipline: MPs frequently vote along party lines due to pressures from party whips, which can suppress independent judgment and constituent representation.
Executive Rule-Making: The Cabinet possesses the power to enact regulations under existing statutes, occasionally circumventing comprehensive parliamentary debate and scrutiny.
Prime Ministerial Control: The Prime Minister's Office (PMO) holds substantial sway over appointments, policy decisions, and media communications, potentially reducing transparency.

The Role and Abolition of Grand Juries

Grand juries, a legacy of British law, once played a pivotal role in Canada's legal system. They empowered citizens to assess whether sufficient evidence existed to proceed with criminal trials and to investigate governmental misconduct.

Historic Examples:

Ancaster Incident (1826): A grand jury was convened to determine if charges should be brought against individuals involved in the assault of George Rolph, a government official in Upper Canada. This case highlighted the grand jury's capacity to challenge authority.
Beloeil Train Disaster (1864): Following a catastrophic train accident that claimed 99 lives, a grand jury attributed responsibility to the Grand Trunk Railway, emphasizing corporate accountability.

By the mid-20th century, all Canadian provinces had abolished grand juries, citing reasons such as procedural inefficiencies, high costs, the rise of judge-led preliminary hearings, and concerns over potential biases. Nova Scotia was the last province to do so in 1984.

The Case for Reintroducing Citizen Oversight Mechanisms

Grand juries symbolized more than a legal procedure; they embodied democratic participation and accountability. Reintroducing Grand Juries in Canada, in today's climate of growing public dissatisfaction with opaque governance, reinstating citizen-led oversight mechanisms is increasingly pertinent.

Recent Cases Fueling Distrust:

SNC-Lavalin Affair (2019): The Ethics Commissioner concluded that Prime Minister Justin Trudeau violated the Conflict of Interest Act by attempting to influence the Attorney General's decision regarding the prosecution of SNC-Lavalin. Despite this finding, no criminal charges ensued.
WE Charity Scandal (2020): The federal government awarded a $912 million contract to WE Charity, an organization with financial ties to Trudeau's family, leading to allegations of nepotism and conflict of interest.
Emergencies Act Invocation (2022): The federal government's use of the Emergencies Act during the Freedom Convoy protests was deemed unreasonable and unconstitutional by a Federal Court ruling in January 2024.
Foreign Election Interference (2023–24): A public inquiry revealed attempts by foreign actors, notably China, to meddle in Canada's 2019 and 2021 federal elections, eroding public trust in electoral integrity.

Protest scene with crowd; sign depicts Prime Minister Trudeau caricature on seesaw with oil barrels. Trees and buildings in background; vibrant and lively mood.

Citizen Oversight Models to Emulate

U.S. Grand Juries: In the United States, grand juries remain active in many states, allowing citizens to investigate and indict public officials, thereby serving as a check on governmental power.
Ireland's Citizens' Assembly: This assembly has successfully deliberated on national reforms, including same-sex marriage and abortion laws, demonstrating the efficacy of inclusive citizen deliberation.
BC Citizens' Assembly (2004): British Columbia's Citizens' Assembly proposed electoral reforms after extensive public consultation, showcasing a model for participatory democracy.
Police Oversight Boards (Canada): Civilian-led boards exist across Canada to scrutinize police services, providing a framework for broader public sector accountability.

What It Would Take to Reintroduce Oversight Bodies

Legislative Reform: Provinces would need to enact laws enabling the formation and authority of citizen oversight bodies. Key considerations include:

Mandate Definition: Clearly outlining powers such as subpoenaing witnesses, compelling testimony, and publishing reports.
Independence: Establishing structures insulated from political interference to maintain objectivity.
Public Access and Participation: Ensuring transparent processes for citizen input on selection and deliberation.

Why Now?

Canadians have witnessed multiple political scandals resulting in minimal consequences, leading to diminished trust in both Parliament and the judiciary. Reinstating citizen-based oversight mechanisms could bridge this gap, reinforcing democratic accountability beyond election cycles.

Such tools are not radical innovations but foundational elements of a healthy democracy, ensuring that government remains answerable to its citizens at all times.

Take Action! How to Help Reintroduce Grand Juries in Canada

Sign Petitions: Grand Jury Petition
Write Your MLA or MP: Advocate for the debate and legislation enabling citizen oversight.
Join Civic Groups: Engage with organizations dedicated to justice and reform.
Educate Others: Disseminate information, host discussions, and share resources to raise awareness.