We should not, in my view, jump too readily to the conclusion that persons summoned for jury duty will not be able to disassociate themselves from information that they may have heard or read in the media. Indeed, the challenge for cause process asks each prospective juror to reflect on and answer that very question. We should also not be too ready to conclude that jurors will not be able to concentrate on the evidence that they will hear and decide the case based on that evidence and for no other reason. In that regard, I repeat the observation made in Phillips v. Nova Scotia (Commission of Inquiry into the Westray Mine Tragedy), 1995 CanLII 86 (SCC), [1995] 2 S.C.R. 97 where Cory J. dealt with the issue of the right to a fair trial in the face of considerable publicity in the following terms, at para. 133: I am of the view that this objective is readily attainable in the vast majority of criminal trials even in the face of a great deal of publicity. The jury system is a cornerstone of our democratic society. The presence of a jury has for centuries been the hallmark of a fair trial. I cannot accept the contention that increasing mass media attention to a particular case has made this vital institution either obsolete or unworkable. There is no doubt that extensive publicity can prompt discussion, speculation, and the formation of preliminary opinions in the minds of potential jurors. However, the strength of the jury has always been the faith accorded to the good will and good sense of the individual jurors in any given case.
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