What is the effect of pre-trial publicity on the right to a fair trial?
Alberta, Canada
The following excerpt is from R. v. Hennessey, 2008 ABQB 312 (CanLII):
The effect of pre-trial publicity on the right to a fair trial only arises where a trial is held before a jury: Phillips v. Nova Scotia (Commission of Inquiry into the Westray Mine Tragedy), 1995 CanLII 86 (SCC), [1995] 2 S.C.R. 97 at paras. 32, 139, 124 D.L.R. (4th) 129. The court was advised that the intended election in this matter will be trial by judge and jury. (1) Impact of Criminal Code publication bans
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