How have courts dealt with the issue of pre-trial publicity during a public inquiry?

Ontario, Canada


The following excerpt is from R .v. Millard and Smich, 2015 ONSC 7561 (CanLII):

In Phillips v. Nova Scotia (Commission of Inquiry into the Westray Mine Tragedy), 1995 CanLII 86 (SCC), [1995] S.C.J. No. 36 at paras. 133-4, the accused facing criminal charges brought an application to stay a public inquiry on the basis that pre-trial publicity would prejudice their right to a fair trial. In allowing the public inquiry to proceed despite the pending criminal trial, Cory J. stated: I am of the view that this objective [a fair trial] is readily attainable in the vast majority of criminal trials even in the face of a great deal of publicity. The jury system is a cornerstone of our democratic society. The presence of a jury has for centuries been the hallmark of a fair trial. I cannot accept the contention that increasing mass media attention to a particular case has made this vital institution either obsolete or unworkable. There is no doubt that extensive publicity can prompt discussion, speculation, and the formation of preliminary opinions in the minds of potential jurors. However, the strength of the jury has always been the faith accorded to the good will and good sense of the individual jurors in any given case.

Other Questions


How have courts dealt with the issue of home ownership issues in personal injury cases? (Ontario, Canada)
How have courts dealt with expression in public places? (Ontario, Canada)
How has the court dealt with issues where a lawyer has a tickler system in his office that brought forward the writ for service but the writ was not served until 11 days later? (Ontario, Canada)
How have the courts in England and Wales dealt with the issue of unmerchantable hops? (Ontario, Canada)
How have the courts dealt with the issue of unenumerated voter lists? (Ontario, Canada)
How have the courts in Taiwan dealt with the issue of parental consent to place a child with the paternal grandmother in Egypt? (Ontario, Canada)
How have courts dealt with the issue of a fraudulent charge or mortgage in favor of a creditor? (Ontario, Canada)
How have the courts dealt with the issue of who is found to be a trustee or a fiduciary? (Ontario, Canada)
How have courts dealt with the issue of negligence in the context of personal injury cases? (Ontario, Canada)
How have the courts in the United States dealt with the issue of disclosure of confidential information on a Motion for Personal Information Protection? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.