stand by power

R v Chouhan: Abolishment of Peremptory Challenges is Constitutionally Valid

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.

The Abolition of Peremptory Challenges in R v Chouhan: A License for Discrimination or Safeguard for Representative Juries?

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].