A Supreme Court judge has ordered that the trial for two men accused of forcible confinement in Burwash Landing be moved to Whitehorse in order to ensure its fairness.

In his decision, Justice Ron Veale cited a potential risk to the accused's emotional and physical safety as the reason for the venue change.

"While there is no issue that this court can provide the necessary security during a trial at Burwash Landing, I accept that there is a real risk of violence after court closes,” he wrote.

"There is clear evidence of past retaliation in this small community where violence has become common-place and is fuelled by alcohol and a long-standing family feud.”

Derek Johnson and Wilfred Sheldon are charged with forcibly confining Colin Johnson in a Burwash Landing home last August.

Days after the alleged incident, Derek Johnson was assaulted in his home by Weldon Danroth, a friend of Colin Johnson's, who has since been convicted for that offence and sentenced to 18 months in jail.

The sentencing judge accepted that the beating was retaliatory.

Colin Johnson committed suicide five months later.

At the preliminary hearing in Whitehorse, Sheldon's common-law spouse, Claudia Bob, said she and her husband have lived in Whitehorse since the incident, and that she is fearful of returning to Burwash Landing.

She described a long-time division between two families in the small community, both of whom have the surname Johnson. Since Sheldon was charged, she testified that she has been harassed.

At the hearing, the Crown said the tension in this case was "part of a larger tapestry,” and didn't pertain solely to the alleged confinement last August.

Veale noted in his decision the importance of bringing justice to a community by holding a trial where the offence took place.

"The balance between the community interest and convenience of having a trial in Burwash Landing versus the emotional and physical safety of the accused and their witnesses is a close one in this case,” he wrote.

"But I am satisfied that the evidence of actual retaliation in this case and the small size of this violently divided community tip the balance in favour of holding this trial in Whitehorse.”

Sheriff of the Yukon Jordie Amos testified at the hearing that the sheriff's office conducts risk assessments in each case to determine the level of security required.

Amos was involved in the preliminary hearing's security, and said that while the gallery was full and the atmosphere tense, there were no incidents.

He also said his office can manage courtroom security in Burwash Landing and ensure the safety of participants in and around the courtroom.

But the sheriff and deputies are only present during court proceedings.

Veale's decision listed several factors taken into consideration when ensuring a fair trial.

Those include: the size of the community, prejudicial pre-trial publicity, widespread animosity that people may have toward the accused or the victim, widespread sympathy for the accused or the victim, fear or revulsion in the community, the nature of the crime, and the nature of the issues.

The trial, scheduled for Oct. 10, 2014, will be held in front of a judge alone.

While the Crown opposed the change of venue, the Criminal Code of Canada gives a court discretion to change a trial's location "if it appears expedient to the ends of justice.”