The accused, charged with second-degree murder, brought an application seeking a declaration that the provisions of Bill C-75 eliminating peremptory challenges during jury selection apply prospectively only.
The Crown opposed, arguing for retrospective application.
The court reviewed recent coordinate decisions from the Ontario Superior Court of Justice, which consistently held that the elimination of peremptory challenges is a procedural matter and operates retrospectively.
Finding no reason to depart from these decisions, the court dismissed the application.
