The applicant, charged with second-degree murder, brought a pre-trial motion challenging the constitutionality of Bill C-75 amendments to the Criminal Code that abolished peremptory challenges and altered the challenge for cause procedure.
The applicant argued the changes violated sections 7, 11(d), and 11(f) of the Charter and relied on a recent coordinate court decision that found the repeal of peremptory challenges unconstitutional.
The court dismissed the application, finding the coordinate decision was plainly wrong and therefore not binding.
The court held that the amendments are constitutional and operate retrospectively.
