Federal legislation amending jury selection process in criminal trials — Accused challenging constitutional validity of amendments and arguing for prospective application only — Amendments deemed constitutional and applicable retrospectively — Accused convicted of first degree murder by jury selected according to new process — Court of Appeal affirming constitutional validity of amendments but finding elimination of peremptory challenges should not apply retrospectively — Conviction overturned and new trial ordered — Whether there is divergence amongst provinces in temporal application of jury selection amendments — Whether curative proviso in Criminal Code should apply to procedural errors in jury selection — Whether Court of Appeal erred in law in finding that elimination of peremptory challenges does not apply retrospectively — Whether Court of Appeal erred in law in finding that jury selection amendments were constitutional and did not infringe rights under Charter — Whether there is risk of divergence among provinces regarding constitutional validity of jury selection amendments — Criminal Code, R.S.C., 1985, c. C 46, ss. 640, 686(1)(b)(iv) — Canadian Charter of Rights and Freedoms, ss. 7, 11(d), 11(f). — granted 05/07/2020 — Supreme Advocacy acted as agents for the Respondent.
Read the lower court decision from the ONCA here.