The accused brought an application challenging the constitutionality of Bill C-75 amendments to the Criminal Code, which eliminated peremptory challenges and replaced lay triers with the trial judge for challenges for cause.
The accused argued these changes violated his rights under sections 7, 11(d), and 11(f) of the Charter.
The Superior Court of Justice dismissed the application, finding that the amendments did not infringe the accused's right to an independent and impartial jury, nor did they violate principles of fundamental justice.
The court also held that the amendments were procedural in nature and applied retrospectively to the accused's trial.
