The aboriginal accused was charged with robbery and sought to challenge potential jurors for cause based on widespread racial prejudice against aboriginal people in the community.
The trial judge dismissed the application, and the accused was convicted.
The Court of Appeal upheld the conviction.
The Supreme Court of Canada allowed the appeal and directed a new trial, holding that evidence of widespread racial prejudice in the community establishes a realistic potential for partiality, entitling the accused to challenge prospective jurors for cause under section 638(1)(b) of the Criminal Code.
