Law360 Canada ( June 25, 2021, 1:43 PM EDT) -- Appeal by the Crown from a decision of the Ontario Court of Appeal that overturned Chouhan’s conviction for first degree murder and ordered a new trial on the basis that amendments to the jury selection process did not apply to Chouhan’s trial. Cross-appeal by Chouhan from the Court of Appeal’s decision that the amendments were constitutional. Amendments that abolished peremptory challenges of jurors came into force on the same day that jury selection in Chouhan’s trial for first degree murder was scheduled to begin. The amendments did not include transitional provisions. The trial judge dismissed Chouhan’s constitutional challenge to the amendments and determined they applied to his trial. Jury selection proceeded without peremptory challenges. Chouhan was convicted of first-degree murder. The Court of Appeal overturned Chouhan’s conviction and ordered a new trial on the basis that although the abolition of peremptory challenges was constitutional, the amendments affected an accused’s substantive right to participate in jury selection and operated only prospectively....