Before September 2019, jury selection in criminal trials could be challenged by both the accused and the Crown. Section 634(1) of the Criminal Code, RSC 1985, c C-46 previously permitted both the accused and the Crown to challenge a limited number of jurors peremptorily.
In early October, the Supreme Court of Canada (“SCC” or “The Court”) heard submissions in R v Chouhan (Docket Number 39062, Heard on 7 October 2020) [Chouhan] on the constitutionality of the federal government’s abolition of peremptory challenges for jury empanelment under the Criminal Code, RSC 1985 c C-46 [Code].
In Part II of this comment on R v NS, 2012 SCC 72, I raise two additional implications of the case related to equity, inclusion and fairness. B. Religion and Culture in Bite-Sized Chunks The reasoning of the majority decision presents an incomplete picture of Canadian history and obscures “made-in-Canada” xenophobia in a way that impacts all racialized and […]