What is the test for a change of venue?

British Columbia, Canada


The following excerpt is from Regina v. Falkner, 2002 BCSC 111 (CanLII):

In the ordinary course an accused person should be tried in the location where the offence is alleged to have been committed. A change of venue may be ordered if the change appears expedient to the ends of justice: Criminal Code, s. 599(1). Where there is a fair and reasonable probability of partiality or prejudice against the accused in the community where the trial would normally proceed, a change of venue should be ordered to ensure the accused receives a fair trial with an impartial jury: R v. Rarru, [1995] B.C.J. 1209 (B.C.C.A.).

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