What is a fair trial?
British Columbia, Canada
The following excerpt is from Regina v. Faruq, 2003 BCPC 340 (CanLII):
What is meant by a fair trial is addressed by McLachlin J. in Regina v. Harrer (1996) 1995 CanLII 70 (SCC), 101 C.C.C. (3d) 193 (S.C.C.) at para. 45: At base, a fair trial is a trial that appears fair, both from the perspective of the accused and the perspective of the community. A fair trial must not be confused with the most advantageous trial possible from the accused's point of view... Nor must it be conflated with the perfect trial; in the real world, perfection is seldom attained. A fair trial is one which satisfies the public interest in getting at the truth, while preserving basic procedural fairness to the accused.
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