The accused brought a motion for a change of venue for a jury trial on impaired driving charges, arguing that significant pre-trial publicity and community hostility in the Niagara/Welland area would prevent a fair trial.
The court applied the two-part test, requiring the defence to prove a reasonable likelihood of partiality or prejudice that cannot be overcome by judicial safeguards.
The court found that while there was some media coverage and a petition, the evidence did not establish widespread hostility or prejudice in the large community that could not be mitigated by jury screening and other trial protections.
The application was dismissed.
