Criminal law overview

Charged with a crime in Canada? Here's what you need to know.

Prosecuting a case is not as easy as you might think. Criminal convictions carry serious, life-altering consequences. To prevent an innocent person from being wrongly convicted, a strict set of rules and procedures governs criminal trials. These rules and procedures protect you in the event you find yourself facing a criminal charge.

You're innocent until proven guilty.

In Canada, you are presumed innocent until proven guilty. What does that mean? It means you don't have to prove you're innocent. It's accepted that you are. And until the prosecution proves otherwise, you remain innocent in the eyes of the law.

The burden of proving a case is on the prosecution, not you.

A criminal charge is an unproven accusation. And sometimes accusations are made that can't be proved. The burden of proving an allegation is on the prosecution. If the prosecution can't prove its case, then the charges must be dismissed.

What does the prosecution have to prove?

The prosecution must prove all elements of the offence, including these:

Identity - The prosecution must prove it was you who committed the crime. Sometimes identity can't be proved and the charges must be dismissed.

Was what you did a crime? - For example, you bought what you believe was an illegal drug. The police charged you with possession. As it turns out, the seller scammed you and sold you something that looked like a drug, but it was not. Even if all other elements of a crime were made out, you were not in possession of an illegal substance.

Does the court have jurisdiction over you and the charge? - The court has to have authority over you to try you. For example, a theft charge committed solely in British Columbia cannot be tried in an Ontario court.

Was the charge laid within the proper time frame? - Some charges need to be laid within a certain period of time. If the time period runs out, the charge cannot be laid.

There are other elements of a crime the prosecution must prove, in addition to these. If you've been charged with a crime, talk to a criminal defence lawyer and find out what the prosecution needs to prove before you are convicted.

What is proof beyond a reasonable doubt?

Not only does the prosecution have the burden of proving a criminal case. It must prove its case "beyond a reasonable doubt." What does that mean?

The prosecution must prove its case to the point where the judge or jury is "sure" the person on trial is the person who committed the crime. It's not enough if the prosecution proves that the person might have done it. Proving this is not always an easy thing to do.

How does the prosecution prove a criminal case?

A criminal case is built upon admissible evidence. But not all evidence is "admissible." For a piece of evidence to be admissible, it must have been collected properly. If not, it will often be excluded from the trial and not form part of the case against you. Without certain evidence, you won't be convicted.>

How can evidence get excluded?

Let's say a person confesses to committing a crime, and the confession is the only piece of evidence against them. It comes out at trial that the confession was improperly obtained. The confession may be excluded from evidence, and without it the charges will be dismissed.

The police must follow certain rules and procedures. But police officers are human, and sometimes they make mistakes. For example, evidence might be improperly gathered. This can, and does, happen at any point in an investigation. This kind of mistake can result in evidence being excluded from the trial.

Without certain evidence, there cannot be a conviction.

The bottom line.

A criminal charge is an unproven allegation. In some cases, the allegation can't be proved.

If you've been charged with a crime, never assume you'll be convicted. Criminal law is complex. Talk to a criminal defence lawyer and get the facts about your case. Go to the lawyer search box and find a criminal defence lawyer near you. Have your case reviewed so you can make sound, informed decisions about your future.