The appellant was convicted by a jury of two counts relating to assaults committed on her child.
On appeal, the appellant argued that the trial judge made fatal errors during the jury selection process.
The Crown conceded that the trial judge erred by deciding to select alternate jurors after a jury of 12 had already been selected, and by erroneously concluding the appellant had exhausted her peremptory challenges, thereby denying her a challenge to which she was entitled.
The Court of Appeal agreed that the second error was fatal and could not be saved by the curative provisions of the Criminal Code.
The appeal was allowed, convictions set aside, and a new trial ordered.
