A friend asked me to answer this question: What was the name of the case where the Supreme Court of Canada held that the right of an accused to be present in court during the whole of his trial includes the jury selection process?, using the article: Under Canadian law, a person has the constitutional right to a jury trial for all crimes punishable by five years of imprisonment or more. The Criminal Code also provides for the right to a jury trial for most indictable offences, including those punishable by less than five years' imprisonment, though the right is only constitutionally enshrined for those offences punishable by five years' imprisonment or more. Generally, it is the accused person who is entitled to elect whether their trial will proceed by judge alone or by judge and jury; however, for the most severe criminal offences—murder, treason, alarming Her Majesty, intimidating Parliament, inciting to mutiny, sedition, and piracy—trial by jury is mandatory unless the prosecution consents to trial by judge alone.
Jury panel exhaustion
Criminal Code Section 642(1): If a full jury and alternate jurors cannot be provided, the court may order the sheriff or other proper officer, at the request of the prosecutor, to summon without delay as many people as the court directs for the purpose of providing a full jury and alternate jurors.
Section 642(2): Jurors may be summoned under subsection (1) by word of mouth, if necessary.
Section 642(3): The names of the people who are summoned under this Section shall be added to the general panel for the purposes of the trial, and the same proceedings with respect to calling, challenging, excusing and directing them shall apply to them. 
According to the case of R v Mid-Valley Tractor Sales Limited (1995 CarswellNB 313), there are limitations on the powers granted by Section 642. These powers are conferred specifically upon the judge, and the section does not confer a further discretion to delegate that power to others, such as the sheriff's officer, even with the consent of counsel. The Court said that to hold otherwise would nullify the rights of the accused and the prosecution to object to a person being excused inappropriately, and may also interfere with the rights of the parties to challenge for cause. The..., what would be the answer ?



Basarabas and Spek v The Queen