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Jury challenge for cause — courts still grapple with Criminal Code amendment

Wednesday, June 21, 2017 @ 8:54 AM | By Tyler Smith

“Be careful what you wish for, you may just get it” serves as apt reminder for counsel preparing to select a jury in a criminal trial with the assistance of the challenge for cause procedure.

R. v. Kossyrine 2017 ONCA 388 is the fourth appeal to grapple with the effect of the 2008 amendment to the Criminal Code sections that govern challenges for cause. All of the cases arise from trials presided over by the now retired Justice Eugene Ewaschuk. Only one of them, R. v....