Joanne M. Capozzi

During a trial for attempted robbery, the accused brought an application to adduce third party suspect evidence relating to a separate carjacking incident that occurred months later in the same neighbourhood.

The defence argued the accused was an innocent bystander hit by the victims' fleeing vehicle and that the true perpetrators were the suspects from the other incident.

The court dismissed the application, finding no sufficient nexus or air of reality connecting the two incidents, as the descriptions and circumstances were generic and not significantly similar.

The applicant, charged with attempted robbery, brought a pre-trial application challenging the constitutionality of Bill C-75 amendments to the Criminal Code which eliminated peremptory challenges and altered the challenge for cause procedure.

The applicant argued these changes infringed sections 7, 11(d), and 11(f) of the Charter.

The court dismissed the application, finding that the new procedures, including expanded judicial powers to stand aside jurors, adequately safeguard the right to an independent and impartial tribunal.

The court also held that the amendments are procedural in nature and therefore apply retrospectively.