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Bill C-75 and its Effect on Jury Selection

by Kaitlynd Walker

The hasty repeal of peremptory challenges in Canada resulted in two legal issues arising. The first, whether the effect of the legislation is retroactive or not is a hot issue in Canadian courts and has divided the nation with no apparent answer. The Supreme Court will need to make a final determination on this issue. The second, is whether the repeal of peremptory challenges in Canada violates the Charter. While the Court in Ontario has determined that the repeal is not in violation of the Charter, it is possible courts in other provinces will make a different finding. This issue too, may end up before the Supreme Court. In the end one thing is clear, peremptory challenges have been abolished in Canada but their removal will have rippling effects on the Canadian justice system for years to come.


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