How have multiple jury trials been able to proceed despite pre-trial publicity?
British Columbia, Canada
The following excerpt is from R. v. Giles, 2008 BCSC 1900 (CanLII):
The Applicants refer to several cases where multiple jury trials were able to proceed despite pre-trial publicity. I agree the jurisprudence in this area emphasizes the confidence that courts place in jurors even in cases that attract a great deal of media attention and public scrutiny. I am guided by Justice Cory's comments in Phillips v. Nova Scotia (Commission of Inquiry into the Westray Mine Tragedy), 1995 CanLII 86 (SCC), [1995] 2 S.C.R. 97 at para. 132, where he noted that it is patently unrealistic to expect to find twelve jurors who know nothing of the facts of a highly publicized case. He held that, in order to provide a fair trial, “... it must be possible to find jurors who, although familiar with the case, are able to discard any previously formed opinions and to embark upon their duties armed with both an assumption that the accused is innocent until proven otherwise, and a willingness to determine liability based solely on the evidence presented at trial”.
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