Lorne Joseph Goldstein

The accused brought a motion seeking a change of venue from Pembroke to Ottawa for a jury trial on multiple sexual assault-related charges.

The accused argued that local media coverage in the Pembroke/Petawawa area created a risk that an impartial jury could not be selected and that daily transportation from a distant detention facility would cause hardship and impair trial fairness.

The court held that the media coverage cited by the accused was routine reporting that did not demonstrate prejudicial publicity sufficient to prevent the selection of an impartial jury, particularly given the availability of challenge for cause during jury selection.

With respect to the transportation hardship, the court found that although the conditions described were difficult, they reflected systemic logistical issues and could potentially be mitigated through judicial orders addressing detention conditions during trial.

The accused failed to meet the burden of showing that a change of venue was necessary in the interests of justice.

The applicant sought a review of a detention order following a bail hearing where he had been denied release on secondary grounds.

He faced numerous drug trafficking, weapons, and assault-related charges arising from a police investigation into alleged gang-related drug trafficking and a separate violent assault.

The applicant argued there had been a material change in circumstances due to the availability of an additional surety, increased financial pledges, and further evidence regarding a proposed surety’s supervision abilities.

The court held that these factors did not constitute a material change in circumstances capable of reopening the detention decision.

Even if they did, the court found continued detention remained justified due to the substantial likelihood the applicant would reoffend or interfere with the administration of justice.