One of the most basic aspects of Canadian law is the presumption of innocence. As criminal lawyers in Vancouver we negotiate and employ this variable on a daily basis. The presumption of innocence is part of our common law heritage. It originated in England. The full text can be read in our Charter of Rights and Freedoms. It has two elements. The first stipulates that a person is innocent until proven guilty. The second guarantees a fair and public hearing under the law.
Safeguarding Our Freedoms
If you have been accused of a crime, you are protected by certain rights and guarantees. This is one of the major benefits of living in a democratic country. It’s a safeguard against possible abuses of the justice system. It places the burden of proof on the Crown prosecutors who must establish their case beyond a reasonable doubt. It protects the right of the individual against the overwhelming power of the state and demonstrates “good faith” in our fellow citizens.
In Practical Terms
As criminal lawyers in Vancouver our job is often to highlight weaknesses in the Crown’s case and bring to attention errors or irregularities. The harder the Crown has to work to secure a conviction, the more confidence we can have in the outcome. It’s important if arrested that you seek legal consultation before making a statement. Only your lawyer will be able to fully evaluate your position in light of the relevant fail-safes and procedures. Securing a conviction is hard work. That’s the way it should be and that’s the way we like to keep it.
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