Prior to the commencement of the accused's trial for sexual offences, Bill C-75 came into effect, repealing peremptory challenges in jury selection.
The court had to determine whether the new jury selection procedures applied retrospectively to the accused's trial.
The court held that the right to a jury trial is a substantive right, but the method of selecting the jury, including peremptory challenges, is procedural.
Therefore, the amendments are procedural in nature and apply retrospectively to the accused's trial.
