The applicants, charged with manslaughter and second-degree murder, brought a pre-trial application to determine whether the amendments in Bill C-75 eliminating peremptory challenges (repeal of s. 634 of the Criminal Code) have retrospective effect.
The court held that the availability of peremptory challenges is a procedural matter, not a substantive right.
Therefore, the repeal applies retrospectively to all matters before the court as of the coming into force date, September 19, 2019.
