Given the amount of pre-trial publicity, it is likely that many people in the jury pool, whether it is assembled in Middlesex County or elsewhere, will have heard about the case. However, the objective in choosing a jury is not to find twelve jurors who know nothing about the case. As Cory J. recognized in Phillips v. Nova Scotia (1995), 1995 CanLII 86 (SCC), 39 C.R. (4th) 141, [1995] S.C.J. No. 36 (S.C.C.) at para. 132, such an objective is patently unrealistic, particularly with a high profile matter such as this: 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.
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