This decision addresses competing applications for a change of venue in a first-degree murder trial.
The Crown sought to transfer the trial from Gore Bay to Sudbury, while the accused sought a transfer to Toronto, or alternatively, North Bay.
The court determined that a change of venue from Gore Bay was expedient due to the lengthy trial, daily travel for the in-custody accused, and winter travel conditions.
The court granted the Crown's application, ordering the trial to proceed in Sudbury, finding it to be the most appropriate venue given its proximity to the original community, adjacent jail facilities, and available courtroom.
The accused's arguments regarding jail conditions and proximity to counsel and family were not sufficiently supported by evidence or did not outweigh the principle of local trials.