The most important principles in criminal law come from our Charter of Rights and Freedoms. Of those, the two key principles that underpin all criminal proceedings are the Presumption of Innocence and the Right to Silence. Without these, each and every person in Canada would be faced with the daunting task of having to “prove their innocence” upon the barest of accusations. Proving a negative is often difficult, if not impossible, to achieve.
From these two fundamental rights flow many other important rights that all individuals and corporations in Canada enjoy when suspected of or charged with offences. Together these rights govern how trials are conducted in our courts. Let’s take a closer look at criminal lawyers, the legal process, and what that looks like in Canada.
Presumption of Innocence
The cornerstone of our legal system is the presumption of innocence – the concept that the prosecution carries the burden to prove a person’s guilt beyond a reasonable doubt and that the accused person carries no burden to prove their innocence.
This concept is based on the legal inference that most people are not criminals, and our societal value that “It is better that ten guilty persons escape than that one innocent suffer.” – from William Blackstone’s Commentary on the Laws of England in the 1760’s. This concept has been recognized in the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the Rome Statute of the International Criminal Court, and many other international documents identifying the important of this basic right.
In criminal trials in Canada, the presumption of innocence is put into practice by the prosecution being required to present its case first. Only if the prosecution presents enough evidence that a person could be found guilty does the accused person, with the assistance of their criminal lawyer from BW Law, then have the option to present defence evidence. Presenting defence evidence is never required – this is another example of how the presumption of innocence plays out in trials. A defendant can argue that the prosecution has not meet its high burden of proving guilt beyond a reasonable doubt. Reasonable doubt is based on the evidence, and lack of evidence, presented by the prosecution during the trial.
Right to Silence
The Right to Silence starts from the moment a person is suspected of a crime by police (or another person in authority) and extends throughout a person’s trial. A person suspected of or charged with a criminal offence is never required to say anything, including testifying in their own defence at trial, unless they chose to do so.
Before trial, anything a person says to a police officer or other person in authority can generally be used against them in their trial by the prosecutor – either as a ‘confession’ or ‘admission of guilt’, or for the purposes of cross-examining an accused if they choose to testify. The decision to testify at trial opens the accused up to being cross-examined by skilled prosecutors.
Police have obligations to tell people about their rights, but they are not required to explain how important the right to silence is for a person suspected of a crime. Even if a person thinks they are helping their situation by waiving their right to silence to tell their side of the story, more likely their statements have the opposite effect and make it more difficult to defend against in trial. Choosing to answer police questions or to testify at trial should only ever been done after an in-depth consultation with a lawyer.
Criminal Lawyers On Your Side
BW Law provides criminal lawyers and legal advice to people at all stages of a police investigation, from the initial request for a police interview through to court and trial. We are dedicated to protecting your legal rights by ensuring that you understand the full extent and importance of your rights in the criminal court process from the moment you come into contact with the law.
BW Law, based in Alberta, specializes in defending charges from sexual assault to traffic violations. Our all-female lawyer team brings over 50 years of combined courtroom experience, maintaining a stellar reputation across courts. We ensure meticulous case management and client relations, offering a free 30-minute consultation to start your defense strategy. Celebrated for never losing a jury trial, we’re your best defense in challenging times. Our practice areas include fraud, workplace investigations, and domestic violence. Contact us at 780-244-5800 to protect your rights and regain peace of mind.