Transitional Provisions: A Cautionary Tale

7 Pages Posted: 11 Oct 2022

See all articles by John Mark Keyes

John Mark Keyes

University of Ottawa - Faculty of Law

Date Written: September 15, 2022


This article looks at an amendment to the Canadian Criminal Code dealing with the selection of juries and a recent decision of the Supreme Court of Canada considering its application in proceedings instituted before the amendment came into force. The article draws attention to the interpretive difficulties surrounding the temporal application of legislation and the importance of avoiding these difficulties with clearly drafted transitional provisions.

Keywords: Legislation, temporal operation, retrospectivity

JEL Classification: K14, K40

Suggested Citation

Keyes, John Mark, Transitional Provisions: A Cautionary Tale (September 15, 2022). Ottawa Faculty of Law Working Paper No. 2022-19, Available at SSRN: or

John Mark Keyes (Contact Author)

University of Ottawa - Faculty of Law ( email )

57 Louis Pasteur Street
Ottawa, Ontario K1N 6N5

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