Brian Manarin, "Requiem for a Representative Jury? So Long Peremptory Challenge and Hello Expanded Judicial Stand By" (2021) 69:4 CLQ 435. Available to Westlaw subscribers.
Windsor Law Faculty Author: Brian Manarin
Abstract: Bill C-75, inter alia, sounded the death knell for the Peremptory Challenge. While it was occasionally abused during jury selection, the Peremptory Challenge also had the capacity to improve upon the representativeness of the petit jury as it was being compiled. This article thus begins by discussing whether the abolition of such a revered jury selection device was well advised. From there, the constitutionality and temporal application of the government's abolitionist stance is analyzed on the backdrop of the Supreme Court of Canada's decision in R v Chouhan, 2021 SCC 26. Whether the expanded Judicial Stand By that was also introduced by Bill C-75 will sufficiently protect jury diversity goals is examined as well as the Supreme Court's musings on what is contemplated when a trial court attempts to "maintain confidence in the administration of justice".