Criminal appeal from an order setting aside an acquittal and directing a new trial after the trial judge limited both sides to four peremptory challenges and denied the Crown any stand bys.
The Supreme Court held, by majority, that the Crown's substantially greater ability to shape the jury through stand bys and peremptory challenges created a reasonable apprehension of partiality and infringed the accused's right to a fair hearing by an impartial tribunal under s. 11(d) of the Charter.
The infringement was not justified under s. 1.
The Court also held that statements made after counsel had been retained were properly excluded because the police response to the accused's inquiry about contact from his father was misleading in the circumstances.
The appeal was allowed and the acquittal restored.
