As a general rule, since crime is considered local, a trial must take place in the county or territorial division where the offence took place. However, a court before which an accused is or may be indicted, may, at any time before or after an indictment is found, on either the application of the prosecutor or the accused, order that the trial be held in a territorial division in the same province other than that in which the offence would otherwise be tried if “it appears expedient to the ends of Justice or a competent authority has directed the jury is not to be summoned at the time appointed in a territorial division where a trial would otherwise by law be held”.
Most applications for a change of venue are based upon strong evidence of a general prejudicial attitude in the community against the accused. The Crown does not have a right of appeal from an order changing the venue of the trial. It is improper to bring successive applications for a change of venue, unless new grounds have arisen since a previous application.
The above is the an excerpt of Patrick J Ducharme’s book, Criminal Trial Strategies, available at Amazon or in bulk through MedicaLegal Publishing.
Read or listen to the Preface and Introduction and subscribe to Patrick Ducharme’s Youtube Channel.