What is the test for fair trial in a sexual assault case?
New Brunswick, Canada
The following excerpt is from R v Branch, 2012 NBQB 175 (CanLII):
The issue of “fair trial” in this context is to be resolved by considering three broad aspects: 1. the circumstances of the alleged offence(s); 2. the circumstances of the alleged offender; 3. the role and duties of a trial judge. (See: R v. Rain, supra; R v. Rushlow 2009 ONCA 46, at paras. 20-21).
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