R. v. Drake

R. v. Drake

A Charter breach of the applicant's fair trial rights cannot be found prospectively on the basis of the impugned social media posts before jury selection; the application is premature as the capacity to empanel an impartial jury must be assessed at voir dire, but the court may grant non-Charter prospective remedies including strengthening challenge for cause questions, directing police to seek removal of offending material, and excluding identified individuals from attending under s.486(1); a broad prohibition on family members publishing is overbroad and unjustified.

Citation
2025 NSSC 203
Parties
Crown: His Majesty the King; Applicant: Adam Drake
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
26 March 2025
Procedural Posture
Criminal Second Degree Murder / Pre Trial Application for Remedies for Alleged Breaches of Publication Bans (jury Trial Scheduled)
Outcome
Application partly granted: no Charter breach established at this time (premature); non-Charter remedies granted in part; applicant may renew Charter relief at jury selection.
Legal Topics
Charter S.7, Charter S.11(d), Publication Bans, Contempt of Court, Jury Selection and Challenges for Cause, Pre Trial Publicity, Exclusion of Persons From Courtroom (s.486)
Source Language
English
Criminal Law Constitutional Law Media Law Evidence and Procedure Charter S.7 Charter S.11(d) Publication Bans Contempt of Court +3 more

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Parties

His Majesty the King

Crown

Adam Drake

Applicant

Procedural Posture

Criminal Second Degree Murder / Pre Trial Application for Remedies for Alleged Breaches of Publication Bans (jury Trial Scheduled)

Legal Issues

  1. 1 Whether breaches of publication bans constitute a violation of the applicant's Charter ss.7 and 11(d) rights prior to jury selection
  2. 2 Whether prospective relief under s.24(1) is available absent a substantial likelihood of trial unfairness
  3. 3 What non-Charter remedies are appropriate including exclusion from courtroom and contempt proceedings

Ratio Decidendi

A Charter breach of the applicant's fair trial rights cannot be found prospectively on the basis of the impugned social media posts before jury selection; the application is premature as the capacity to empanel an impartial jury must be assessed at voir dire, but the court may grant non-Charter prospective remedies including strengthening challenge for cause questions, directing police to seek removal of offending material, and excluding identified individuals from attending under s.486(1); a broad prohibition on family members publishing is overbroad and unjustified.

Court Disposition

Application partly granted: no Charter breach established at this time (premature); non-Charter remedies granted in part; applicant may renew Charter relief at jury selection.

Orders

  • Add specified enhancements to the agreed challenge for cause questions (see decision for exact wording)
  • Crown to request police to contact named individuals (Tracey Burns; Laura Lee Jennex; April Keizer; Duane Keizer; Anthony Stiner; Kelsey Leigh) and request removal of impugned material and cessation of publication violating the bans