What must the accused person do when charged?
In Canada , an accused person is presumed to be innocent until proven guilty. This means that the accused person does not have to prove their own innocence; it is up to the state, through the efforts of the Crown prosecutor, to prove who is guilty.
In Canadian courts, the judge must be convinced beyond a reasonable doubt that the accused is guilty. This is a very high standard of proof that affords a great deal of protection to the accused. If there is a reasonable doubt about the guilt of the accused, then he or she must not be convicted.
- In Canada, section 11(d) of the Canadian Charter of Rights and Freedoms states: “Any person charged with an offence has the right to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal”.