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Ridicule from juror means retrial

Thursday, November 24, 2016 @ 7:00 PM | By Jillian Kestler-D'Amours

A recent Court of Appeal of Ontario decision to order a retrial in the case of an HIV-positive Ontario man convicted of sexual assault is a reminder that all parties must be vigilant to avoid the appearance of juror bias in Canada, experts say.

In a 2-1 decision, the court ordered a retrial in R. v. Dowholis 2016 ONCA 801, after a juror, Derek Welsman, made disparaging remarks about the appellant, Joshua Dowholis, several of the complainants in the case and their homosexuality on a shock-jock...