As of September 19, 2019, peremptory challenges have been eliminated. Now, the process of selecting jurors is almost entirely controlled by the trial Judge. What was once the exclusive domain of the trial lawyers to accept or reject potential jurors is now performed by the trial Judge.
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When Is a Jury Trial Available
The 2019 amendments to the Code brought sweeping changes to Canada’s laws concerning: when an accused may elect to be tried by a jury, and, if allowed to have a jury trial, how a jury is selected. Jury trials only take place in the Superior Court of a Province or Territory. When an accused is permitted to elect trial by jury it necessarily means that accused is entitled to have a preliminary inquiry in the Provincial court.
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Adverse Witnesses: and Section 9 Canada Evidence Act
Generally the lawyer producing a witness is not allowed to impeach his or her witness’s credit by general evidence of bad character–unless the witness, in the opinion of the court, proves adverse.
The meaning of the word “adverse” has generally been interpreted by our courts as not limited to “hostility” but includes a witness who, although not hostile, is unfavourable in the sense of assuming by the witness’s testimony a position opposite to that of the party who has called the witness to testify.
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