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Under Canadian Criminal law, a person who is charged with a criminal offence is ”presumed to be innocent until proven guilty”. The “presumption of innocence” is an important part of the foundation of the Canadian judicial system. This is widely known as the fundamental principal or “golden thread” of Canadian criminal law that is related to the burden of proof. Simply defined, the burden of proof describes requirement that the Crown must provide sufficient evidence in court to convince a legal authority (usually judge or jury) that their side of the case brought forward is conclusively proven to be true and accurate.

In criminal law the burden of proof lies completely with the Crown. There is no doubt that it is a heavy and onerous burden and completely favours the accused. The Crown has to prove beyond a reasonable doubt that the accused has committed a crime. A defendant does not have to prove that he or she is innocent because the presumption of innocence in favour of the accused is always the underlying assumption afforded to all individuals

Canadian Charter does not allow reverse onus. 11. Any person charged with an offence has the right (d) to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal;

And as the charter is the supreme law of the land any law that conflicts with it is of no force.

52. (1) The Constitution of Canada is the supreme law of Canada, and any law that is inconsistent with the provisions of the Constitution is, to the extent of the inconsistency, of no force or effect. Marginal note:

Having said all this the Police will charge you and the Crown will attempt to prosecute you. However making a charter application will have those charges thrown out at some point.

edit_this_wiki.txt · Last modified: 2017/09/13 10:25 by assweasel