Prior to the commencement of a trial for sexual offences, the accused brought a constitutional challenge regarding the repeal of s. 634 of the Criminal Code, arguing that the repealing legislation should not apply retrospectively.
The court ruled that the accused was entitled to peremptory challenges.
The court subsequently noted that its decision was in accordance with the Court of Appeal's decision in R. v. Chouhan, which was released shortly after the trial concluded.
