jury selection

R v Chouhan: Abolishment of Peremptory Challenges is Constitutionally Valid

The Abolition of Peremptory Challenges in R v Chouhan: A License for Discrimination or Safeguard for Representative Juries?

Homophobia in the Jury Room? The Court of Appeal Rules in R v. Dowholis

Last year, TheCourt.ca published an article discussing when a jury member’s actions could be egregious enough to nullify a verdict. This week, in R v Dowholis, 2016 ONCA 801 [Dowholis], the Court of Appeal for Ontario (“ONCA”) dealt with the actions of yet another rogue juror. This sexual assault case called into question whether the […]

R v Noureddine: The Impact of Imposing Static Triers

In R v Noureddine, 2015 ONCA 770 [Noureddine], the trial judge misunderstood how juries are selected by appointing static triers, rather than rotating triers per section 640(2.1) of the Criminal Code, RSC, 1985, c C-46. Facts The appellants, Mr. Noureddine and Mr. Sheridan, were both charged with first degree murder. Both were acquitted, but subsequently […]