R. v. Cumberland

R. v. Cumberland

The repeal of peremptory challenges by s.269 of Bill C-75 is a purely procedural amendment affecting the method of selecting the trier of fact and not substantive rights or defences; absent clear transitional language the amendment applies immediately to the retrial, and Section 653.1 binds only specified prior rulings (disclosure, admissibility, Charter) and does not preserve procedural mechanisms such as peremptory challenges from earlier trials.

Citation
2019 NSSC 307
Parties
Crown: Her Majesty the Queen; Accused: Aaron Byron Cumberland
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
5 September 2019
Procedural Posture
Criminal Jury Trial / Pre Trial Voir Dire on Jury Selection Following Mistrial and Retrial Scheduling
Outcome
Motion dismissed; peremptory challenges eliminated for the retrial and s.269 of Bill C-75 applied immediately
Legal Topics
Jury Selection, Peremptory Challenges, Retrospectivity of Legislation, Mistrial and Retrial, Transitional Provisions, Section 653.1 Application
Source Language
English
Criminal Law Statutory Interpretation Constitutional Law Jury Selection Peremptory Challenges Retrospectivity of Legislation Mistrial and Retrial Transitional Provisions +1 more

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Parties

Her Majesty the Queen

Crown

Aaron Byron Cumberland

Accused

Procedural Posture

Criminal Jury Trial / Pre Trial Voir Dire on Jury Selection Following Mistrial and Retrial Scheduling

Legal Issues

  1. 1 Whether abolition of peremptory challenges by s.269 of Bill C-75 applies to the retrial after a mistrial
  2. 2 Whether peremptory challenges are substantive (vested) rights or purely procedural and thus apply immediately
  3. 3 Whether prior rulings bind the new trial so as to render the retrial a continuation rather than a new trial under s.653.1 and related provisions

Ratio Decidendi

The repeal of peremptory challenges by s.269 of Bill C-75 is a purely procedural amendment affecting the method of selecting the trier of fact and not substantive rights or defences; absent clear transitional language the amendment applies immediately to the retrial, and Section 653.1 binds only specified prior rulings (disclosure, admissibility, Charter) and does not preserve procedural mechanisms such as peremptory challenges from earlier trials.

Court Disposition

Motion dismissed; peremptory challenges eliminated for the retrial and s.269 of Bill C-75 applied immediately

Orders

  • Application to preserve peremptory challenges for retrial dismissed
  • Prior rulings on admissibility agreed by parties remain binding under Criminal Code s.653.1 unless interests of justice require otherwise