CITATION: R. v. McDermott, 2026 ONSC 4857
COURT FILE NO.: CR-19-456
DATE: 20260706
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: R. v. Zachary McDermott
BEFORE: Justice M. B. Carnegie
COUNSEL: Counsel V. Decker and K. Mildred, for the Crown
Counsel K. Dulysh and J. Heaton, for the defendant
HEARD: July 6, 2026
ENDORSEMENT – Challenge for cause application
[1] The Applicant/defendant has brought an application to challenge potential jurors for cause, pursuant to s. 638(1)(b) of the Criminal Code of Canada, or that the juror may not be impartial. Pursuant to s. 551.1, I have been designated Case Management Judge to address this application.
[2] The Applicant is charged with second degree murder, scheduled to commence his trial on September 28, 2026. There has been local publicity respecting the alleged shooting that forms the subject matter of this charge. Further, that publicity has been highlighted by reporting that the Applicant has previously pled guilty but then later had his plea struck. The Applicant rightly notes that this prior plea represents inadmissible evidence at his trial and therefore represents a degree of prejudice.
[3] To address this potential prejudicial effect, the Applicant has suggested as many as three questions to be directed to potential jurors at the discretion of this Court.
[4] The Respondent Crown consents to this challenge for cause in principle and particularly based upon suggested amended questions which the Applicant is prepared to adopt.
[5] I am satisfied that a sufficient air of reality to the proposed prejudice exists respecting pre-trial publicity to merit a challenge for cause process pursuant to s. 638(1)(b). Further, I am satisfied that the suggested queries by the parties adequately redress this concern.
[6] As a result, subject to a process approved of by the trial judge, the following queries of selected jury panel members shall include the following queries:
(i) Have you seen, read, or heard anything about this case in any form of media, for example, the internet, social media, television, radio, newspapers, or through discussions with others?
(ii) As a result of anything you have seen, read, or heard, have you formed a belief or opinion about the guilt or innocence of Zachary McDermott?
(iii) [If applicable] Would you be able to set that belief or opinion aside and decide the case based only on the evidence called at this trial and the instructions of the trial judge?
Justice M. B. Carnegie
Date: July 6, 2026