R v Chouhan

Document Type

Response or Comment

Publication Date



Charter, Life, Liberty and Security of Person, Section 7, Principles of Fundamental Justice, Procedural Fairness


It is of significant benefit that the Ontario Court of Appeal was able to render a decision about the constitutionality of two of the changes that Bill C-75 made to the jury selection process in a timely way. As Justice Ferguson commented in R. v. Matthew Raymond (Ruling#4), 2019 NBQB 203, 57 C.R. (7th) 1 (N.B. Q.B.), "if the wrong selection procedures are applied the resulting jury will likely never have been properly seized of the trial and thus without jurisdiction to have adjudicated the case", so the stakes have been high for every jury selection process occurring after September 19, 2019.