The accused brought an application under s. 638(1)(b) of the Criminal Code seeking permission to challenge prospective jurors for cause based on pre‑trial publicity surrounding a historic homicide investigation.
The defence argued that media reports referring to the arrest and describing the murder as “solved” could create community bias and impair juror impartiality.
The court reviewed the governing principles from Supreme Court of Canada jurisprudence on challenges for cause and assessed factors including the number of publications, their circulation, timing relative to trial, and potentially prejudicial content.
Given that the publicity occurred more than three years prior to the trial and was limited in scope, the court held that the passage of time eliminated any realistic potential for juror prejudice.
The application for a challenge for cause was dismissed, although the court directed that a cautionary instruction be given to the jury panel at the start of selection.
