The accused, charged with importing cocaine, brought a pre-trial motion to challenge prospective jurors for cause under s. 638(1)(b) of the Criminal Code.
The accused intended to advance a duress defence based on being a victim of intimate partner violence.
The Superior Court of Justice dismissed the motion, finding that the evidentiary foundation for the proposed questions was insufficient and that the questions themselves were inappropriate as they presumed contested facts.
The court held that tailored jury instructions would be the appropriate mechanism to address potential juror bias regarding intimate partner violence once the evidentiary record was established at trial.
