Blog Post #5: How is innocent until proven guilty used in the Canadian legal system?

Hi everyone, and welcome back to my blog! Today I will be completing my final round of research and I’m excited for this project to come to a conclusion. In today’s post, I plan to research: how does this concept protect individuals in the legal system whether they are guilty or not?

The presumption of innocence is an entitlement embedded into the right to a fair trial. (1) It states that the accused is innocent until proven guilty by the courts or other evidence. (3) This concept shields the individual from the power of the law and the government. (2) Even if an accused is held in prison while awaiting trial, they are still protected by the presumption of innocence. (3) Within the presumption of innocence is the accused’s right to plead guilty or not guilty to a crime. (5) Unfortunately, accused people are often treated as criminals even before they are found guilty or not. (4) This can often be due to media bias. (1) Judges and other officers of the law cannot be entirely impartial and are often influenced by media and those around them. Those accused often have their names published before the trial even begins. (2)

However, some wonder if this freedom can lead to an increase in false guilty pleas. This is an absolute freedom. (7) The burden of proof is placed on the prosecution, which means the accused does not have to prove their own innocence. (3) Canada’s top court has stated that: “The precept that the innocent must not be convicted is basic to our concept of justice…no just society can tolerate the conviction and punishment of the innocent,” (5) This can hopefully inspire those who are wrongly accused to fight for their innocence. Some consider it to be better that 10 guilty persons escape, rather than one innocent be wrongfully convicted. (2)

This right to a fair trial in order to determine your innocence is an internationally recognized human right. (4) These trials must follow established legal procedures. (1) These safeguards are in place to protect the rights of accused people through the criminal process. (4)

Similar to this concept is the concept of self defence. In these instances, the focus of the trial is determining whether the accused committed a reasonable action in the situation. (6) The belief is that in some instances, it is lawful to meet force with force. (6) This can include, but not be limited to, defence of property, defence of others, and self defence. (6)

Thank you for reading my blog post and I hope you enjoyed my conclusion to this project! I really enjoyed researching this topic.

1. https://arisa-project.eu/the-presumption-of-innocence-and-the-media-coverage-of-criminal-cases/

2. https://www.canadianlawyermag.com/news/opinion/the-presumption-of-innocence-is-for-the-court-of-law-not-for-protecting-the-reputations-of-the-powerful/275774

3. https://www.ruleoflaw.org.au/principles/presumption-of-innocence/

4. https://www.fairtrials.org/the-right-to-a-fair-trial/

5. https://www.ppsc-sppc.gc.ca/eng/pub/is-ip/ch8.html

6.https://www.canlii.org/en/commentary/doc/2022CanLIIDocs3330#!fragment//BQCwhgziBcwMYgK4DsDWszIQewE4BUBTADwBdoByCgSgBpltTCIBFRQ3AT0otokLC4EbDtyp8BQkAGU8pAELcASgFEAMioBqAQQByAYRW1SYAEbRS2ONWpA

7. https://www.canada.ca/en/canadian-heritage/services/how-rights-protected/guide-canadian-charter-rights-freedoms.html