This is because the Canadian Charter of Human Rights and Freedoms guarantees the presumption of innocence. Proof beyond a reasonable doubt is a high bar to meet.
During a criminal trial, the prosecutor must prove all the essential elements of a crime beyond a reasonable doubt before a judge or jury can convict the accused. These are called “standards of proof”.Ĭriminal trials use proof beyond a reasonable doubt. However, what does this mean? What’s a “standard of proof”?ĭuring a trial, there are two ways of deciding who is right – “proof beyond a reasonable doubt” and the “balance of probabilities”. When someone is accused of a crime, the judge or jury must decide that the accused is guilty beyond a reasonable doubt before convicting them of the crime.
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