Presumption of Innocence

In Canada, a person accused of a crime is presumed innocent until the judge or jury finds him guilty.
This is called the "presumption of innocence."

The presumption of innocence is one of the most important rights in our criminal justice system.

This right means many things:

 The accused does not have to prove his innocence. The prosecutor, who is the lawyer for the
government, must prove and convince the judge or jury that the accused committed the crime.
Prosecutors are officially called "criminal and penal prosecuting attorneys". They used to be called
"Crown prosecutors".
 The prosecutor must prove that the accused is guilty "beyond a reasonable doubt". At the end of
the trial, if the prosecutor has not presented enough evidence, or if the judge or jury still has a reasonable
doubt about whether the accused committed the crime, he must be found not guilty. In other words, he
will be "acquitted".
 The judge and jury must be fair. They can't be prejudiced against the accused during the proceedings.
For example, a judge can't be involved in a case if the victim is a member of her family.

Right to Be Informed of Evidence

The accused has the right to defend himself against an accusation that he committed a crime. To
prepare a proper defence, he has a right to know all the evidence the prosecutor has against him.

The prosecutor must inform the accused of all evidence against the accused before the trial begins,
including the names of the witnesses who will testify. ("Testifying" means answering questions about
a case.)
When the trial begins, the prosecutor starts by presenting the evidence and questions the witnesses
testifying against the accused. Then the accused or his lawyer can question the witnesses.

Next, the accused presents a defence, either with or without the help of a lawyer. He can testify,
present evidence and question his own witnesses. However, the accused can chose to remain silent
and not testify in his own defence.

Right to Remain Silent

The accused has the right to remain silent in all the steps of the criminal process, from an arrest by
police until the end of the case.

The accused is therefore not required to testify to defend himself. He can simply remain silent.
The prosecutor can't force an accused to testify. The right to remain silent exists in part because the
accused is presumed innocent until proven guilty, and he can't be forced to hurt his case by
testifying against himself.
As a general rule, if the accused decides to remain silent, the judge and jury must not interpret this
as proof of his guilt. In Canada, a person is presumed to be innocent until found guilty. The
prosecutor must prove guilt "beyond a reasonable doubt".

Although he has the right to remain silent, the accused can choose to testify in his own defence. If
he does this, he will be questioned by his own lawyer and then by the prosecutor. However,
sometimes there are certain questions the prosecutor cannot ask the accused.

Right to Be Represented by a Lawyer

A person has the right to talk to a lawyer when he is arrested.

The right to a lawyer applies from the beginning to the end of a criminal case. The accused can
therefore be represented in court to get help defend himself.

The accused must usually pay for his lawyer. However, an accused with a low income might qualify
for government legal aid. In other more rare cases, the judge can give the accused a lawyer free of
charge. This can happen, for example, if the accused does not qualify for legal aid but the judge
believes the help of a lawyer is needed for the process to be fair.
The accused also has the right to act on his own without a lawyer. If the accused does this, the
judge can offer some help to make sure the trial is fair, for example by briefly explaining the different
steps in the case. If necessary, the judge can have a lawyer help the accused to ensure the trial runs
smoothly

Right to Understand the Trial

Choice of Language: English or French
A criminal trial takes place in English, French, and sometimes in both languages. An accused can
ask for the trial to take place in the official language of his choice.

When the accused goes before a judge for the first time, the judge must inform him of the right to
choose the language of the trial and tell him how long he has to make this decision. The accused
usually has until the trial begins.

For example, if the accused chooses English as the language of the trial,

 the prosecutor, judge and jury must understand English and speak it during the trial,

 the accused and his lawyer can speak to the judge and jury in English,

 some French documents must be translated into English, and

 the judge's decision (the judgment) must be made available in English.

However, the judge can't force a witness to speak in the language the accused chooses. In this
case, an interpreter will be made available.

When the accused does not indicate his choice of language, the judge can order the trial to take
place in the language the accused seems to understand best. This way, the judge makes sure the
accused has a fair trial.

Right to an Interpreter
The Canadian Charter of Rights and Freedoms and the Criminal Code say that the government must
provide and pay for an interpreter during a trial if
 the accused does not speak English or French, or

 a witness does not speak the language of the accused.

For the Accused

When the first language of the accused is not English or French, she can ask for the trial to take
place in either of these two languages with which she is more comfortable.
If the accused has trouble understanding and speaking English or French, or is deaf, an interpreter
will be provided at no cost. This means she can testify in her own language and understand what is
going on.

For a Witness
A witness can testify in English or French, no matter which language the accused chooses.

If a witness testifies in a language that is not the language of the accused, the accused or his lawyer
can ask for an interpreter so that the accused can understand the testimony.

Special Measures to Make Testifying Easier

Other measures are available to make testifying easier for people under the age of 18 and people
with physical or mental disabilities (also called "intellectual disabilities").

WHAT IS THE MEANING OF

THE RIGHT OF PRESUMPTION
OF INNOCENCE?
> The right means that the presumption must be overcome by evidence of guilt beyond
reasonable doubt
1. Guilt beyond reasonable doubt means that there is moral certainty as to the guilt of the
accused
2. Accusation is not synonymous to guilt—conviction should then be based on the strength of the
evidence of the prosecution and not the weakness of the defense

WHAT IS THE RATIONALE FOR

THE PRESUMPTION OF
INNOCENCE?
> There ought to be a balance between the machineries of the State and the accused

WHAT ARE THE EXCEPTIONS

TO THE CONSTITUTIONAL
PRESUMPTION OF
INNOCENCE?
1. If there is a REASONABLE CONNECTION between the fact presumed and the fact
ultimately proven from such fact. For example, an accountable public officer who fails to
account for
funds or property that should be in his custody is presumed to be guilty of malversation of public
funds; or that persons in possession of recently stolen goods are presumed guilty of the
offense in connection with the goods
2. In cases of SELF-DEFENSE, the person who invokes the self-defense is presumed guilty.
The burden of proving the elements of self-defense is incumbent upon the accused.