The accused applied for a change of venue under s. 599(1)(a) of the Criminal Code in relation to charges of first-degree murder and offering an indignity to human remains.
They argued that extensive pre‑trial publicity, community hostility, and alleged inadequacies in the Sault Ste.
Marie courthouse facilities created a reasonable likelihood of juror prejudice and an unfair trial.
The court reviewed the governing jurisprudence on venue changes and the safeguards inherent in the jury selection and trial process.
It concluded that the applicants failed to establish, on a balance of probabilities, that community bias or prejudice could not be mitigated through those safeguards.
The court also found that the courthouse facilities were capable of accommodating the trial and that logistical concerns did not justify relocation.
