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Bill C-75 amendments eliminating peremptory challenges are procedural and apply retrospectively to pending trials.
Prior to the commencement of the accused's trial for sexual offences, Bill C-75 came into effect, repealing peremptory challenges in jury selection.
The court had to determine whether the new jury selection procedures applied retrospectively to the accused's trial.
The court held that the right to a jury trial is a substantive right, but the method of selecting the jury, including peremptory challenges, is procedural.
Therefore, the amendments are procedural in nature and apply retrospectively to the accused's trial.
Court orders interim nesting arrangement pending investigation and case conference.
Emergency family law motions were brought by separated spouses concerning temporary care of a young child and exclusive possession of the matrimonial home prior to a case conference.
The court considered competing allegations of abuse, the involvement of the local children’s aid society, and the parties’ limited financial circumstances.
Finding the evidence insufficient to grant temporary custody or exclusive possession to either party, the court ordered an interim week‑about “nesting” arrangement in which the child would remain in the matrimonial home while the parents alternated residence.
The court also directed the parties to mediation and scheduled a case conference.
Issues of support and household expenses were deferred pending financial disclosure.
