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Criminal - Trial Management

. R. v. Zhou

In R. v. Zhou (Ont CA, 2024) the Ontario Court of Appeal dismissed a defendant's criminal appeal, here where the convictions were for "sexual assault and forcible confinement."

Here the court considers a judge's 'trial management' role:
[35] The Crown argues that the trial judge was simply exercising his trial management powers. I disagree. Trial judges have broad trial management powers, but these powers are limited to discretion over matters that are not contrary to provisions in the Criminal Code: R. v. Province, 2019 ONCA 638, at para. 89. As reviewed above, the wording of s. 634(2.1) was clear; it did not suggest that a trial judge had the discretion to distinguish between peremptory challenges available to challenge jurors and alternate jurors.




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Last modified: 09-09-24
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