Being accused of a crime can be a daunting experience, especially if you are unfamiliar with the Canadian legal system. However, it’s important to remember that you have certain rights protected under Canadian law as an accused person. These rights are designed to ensure that you receive a fair trial and are not subjected to any unjust treatment by law enforcement or the court.
In this blog post, we’ll explore the various rights that an accused person has in a Canadian criminal trial and discuss how an experienced criminal defence lawyer can help ensure these rights are protected.
Presumption Of Innocence
The presumption of innocence is enshrined in Section 11(d) of the Canadian Charter of Rights and Freedoms, which states that “any person charged with an offence has the right to be presumed innocent until proven guilty according to the law in a fair and public hearing by an independent and impartial tribunal.”
This principle is important because it places the burden of proof on the Crown (the prosecution) rather than the accused. In other words, the accused does not have to prove their innocence; rather, the Crown must prove their guilt beyond a reasonable doubt.
Fair Trial With An Unbiased Judge And Jury
The right to a fair trial is also enshrined in Section 11(d) of the Canadian Charter of Rights and Freedoms. This includes the right to an unbiased judge and jury. The judge must be impartial and not have any preconceived ideas or biases about the case or the accused.
In addition to the Charter, the Criminal Code of Canada also protects the right to a fair trial. Section 650(1) of the Criminal Code states that every accused person has the right to a trial by an impartial judge. Section 638(1) of the Criminal Code also states that the accused has the right to challenge prospective jurors for cause.
Informed Of Specific Charges Promptly
The right to be informed of the specific charges against them is enshrined in Section 11(a) of the Canadian Charter of Rights and Freedoms. This section states that “any person charged with an offence has the right to be informed without unreasonable delay of the specific offence or offences with which they are charged.”
This right ensures that the accused is aware of the charges against them and can prepare an effective defence. The Criminal Code of Canada also sets out specific requirements for informing the accused of the charges against them. Section 495 of the Criminal Code states that a person who is arrested or detained has the right to be informed of the reason for their arrest or detention.
Adequate Time And Resources For Defence
The right to adequate time and resources for defence is also enshrined in Section 11(b) of the Canadian Charter of Rights and Freedoms. This section states that “any person charged with an offence has the right to adequate time and facilities for the preparation of their defence.”
This right ensures that the accused has enough time and resources to prepare an effective defence, including the ability to access legal counsel. The Criminal Code of Canada also sets out specific requirements for ensuring that the accused has adequate time and resources for their defence. Consequently, It is crucial to work with a lawyer who has experience in criminal law practice areas and who understands the complexities of the legal system.
Also Read: Building A Strong Defence Strategy: How A Criminal Defence Lawyer Can Help
The Right To Remain Silent And Not Incriminate Oneself
The right to remain silent and not incriminate oneself is enshrined in Section 11(c) of the charter. This section states that “any person charged with an offence has the right not to be compelled to be a witness in proceedings against themselves in respect of the offence.”
This means that the accused has the right to remain silent and not testify at their trial and that this cannot be used against them as evidence of their guilt. The right to remain silent also applies to police questioning. Section 7 of the Canadian Charter of Rights and Freedoms guarantees the right to life, liberty, and security of the person and has been interpreted by the courts to include the right to silence during police questioning.
About Daryl Royer
Mr. Royer is an Edmonton-based criminal defence lawyer who has handled cases in British Columbia, the Northwest Territories, Alberta, Saskatchewan, and Ontario. He has dealt with cases in numerous provinces and has had five Supreme Court appearances. Learn more about Daryl Royer and his criminal defence services.
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