What is the test for selecting a jury in a sexual assault case where the accused has never been charged?

Ontario, Canada


The following excerpt is from R. v Millard and Smich, 2015 ONSC 6206 (CanLII):

It is important to recognize that the objective in choosing a jury is not to find twelve jurors who know nothing about the case: Phillips v. Nova Scotia, 1995 CanLII 86 (SCC), [1995] S.C.J. No. 36. Indeed, Cory J. provided guidance to trial judges on this issue as stated at para. 132: It comes down to this: in order to hold 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.

As found in many cases past and present, from the appellate courts of this Country, there is solid affirmation in the judicial confidence in jurors to be faithful to their oath, and to follow the instructions given to them by the trial judge: Corbett v. R. (1988), 1988 CanLII 80 (SCC), 41 C.C.C. (3d) 385 (S.C.C.)

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