What is the test for dismissing a jury as a result of a media report?
Prince Edward Island, Canada
The following excerpt is from R. v. Smith, 2000 PESCAD 6 (CanLII):
To dismiss the jury as the result of a media report, the party seeking such an order must show there is a high probability that the effect of the publicity is to leave the jurors so “irreparably prejudiced” that a fair trial would be impossible. See: Phillips v. Nova Scotia (Commission of Inquiry into the Westray Mine Tragedy), 1995 CanLII 86 (SCC), [1995] 2 S.C.R. 97 (S.C.C.) at paras.128 and 129. In dismissing the appellant’s motion on this issue, the trial judge considered and properly applied this principle. Therefore, it cannot be said he erred. I would also dismiss the appeal on this issue.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the legal test used to determine compensation for loss of income or wages as a result of discrimination? (Prince Edward Island, Canada)
If there are no common facts or legal issues of relatively sufficient importance to both proceedings, should the motion be dismissed? (Prince Edward Island, Canada)
What is the effect of publicity in the media on the sentencing of a physician convicted of rape and sexual assault? (Prince Edward Island, Canada)
When will an application for judicial review without costs be dismissed? (Prince Edward Island, Canada)
Does the allegation of constructive dismissal constitute a basis for striking the jury notice? (Prince Edward Island, Canada)
What are the general guidelines of the Court of Appeal in dealing with media freedom issues? (Prince Edward Island, Canada)
What is a reasonable time to protest the demotion and claim wrongful dismissal? (Prince Edward Island, Canada)
What is the limitation period for an action framed in negligence under s.2(1)(d) of the Statute of Limitations? (Prince Edward Island, Canada)
What is the test for res judicata in the context of a motion to have a second action brought against a municipality for damages arising from a dam being built in the area? (Prince Edward Island, Canada)
What is the test for a motion under Rule 2.1 of the Rules of Civil Procedure? (Prince Edward Island, Canada)
