Ontario is set to increase its jury pay, a change that has been described as a “long-overdue reform.” Attorney General Doug Downey announced on Thursday that jurors who do not receive pay from their employers will now earn $120 a day starting from the first day of trial. This new pay structure will take effect on October 1.

Currently, jurors in Ontario do not receive any compensation for the first 10 days of service. After that, they earn $40 per day from days 11 to 49, and $100 per day from day 50 onward, although trials of that length are uncommon. Downey emphasized the importance of juries in the justice system during his remarks at the annual opening of the courts ceremony in Toronto. He stated, "I know we can all agree juries play a vital role in our justice system, and I, for one, am very grateful when ordinary citizens from all walks of life answer the call and participate in the judicial process."

He acknowledged that the current jury fee structure had not been updated since 1989, highlighting it as an area of the justice system that has been neglected for decades. While Ontario law protects employees from being dismissed for serving on juries, it does not mandate that employers continue to pay their salaries. This has created a situation where some individuals can serve on juries while still receiving their pay, while others cannot.

Downey noted, "So in some cases people are not receiving any compensation for fulfilling their civic duty all the while making personal and economic sacrifices. This is changing now."

With this increase, Ontario's jury pay will be among the highest in Canada. In comparison, Manitoba raised its jury pay to $80 a day in 2021, while Saskatchewan's pay is $110 a day for jurors not receiving employer compensation. Quebec offers $103 a day, increasing to $160 after the 57th day. Only Newfoundland and Labrador requires employers to continue paying employees during jury service. Some provinces also provide additional allowances for travel, parking, and childcare.

Concerns have been raised about Ontario's low jury pay preventing many individuals from serving. Lawyers and advocates have pointed out that financial hardship often leads people to request exemptions from jury duty. Toronto criminal defense lawyer Sid Freeman previously stated, "The poor are, by nature of their poverty, rendered ineligible, especially on long trials."

Freeman also noted that a lack of diversity in juries, both racially and socioeconomically, undermines the justice system. She remarked, "The people who are most often subject of the criminal justice system never get a jury of their peers. That’s a completely untenable way to run the justice system."

Despite the new provincial policy, judges presiding over jury trials still have the discretion to set their own jury pay amounts. For instance, Superior Court Justice Maria Carroccia ordered jurors in the recent high-profile Hockey Canada sexual assault trial to be paid $150 daily. Ultimately, Carroccia had to dismiss two juries and complete the trial herself, acquitting all five players involved.