This pre-trial ruling addresses whether the repeal of section 634 of the Criminal Code, which eliminated peremptory challenges in jury selection, operates retrospectively or prospectively.
The accused argued that the amendment affects a substantive right and should apply prospectively, allowing him to exercise peremptory challenges.
The Crown contended it was purely procedural and should apply retrospectively.
The court, acknowledging conflicting judicial opinions, found the elimination of peremptory challenges impacts a substantive right by removing the parties' ability to influence jury composition and enhance confidence in impartiality.
Consequently, the repeal was deemed to operate prospectively, permitting the accused to exercise peremptory challenges as his right vested before the repeal's effective date.
