When you are facing criminal charges, the Crown is required to prove that you are guilty “beyond a reasonable doubt.” In addition, the Crown bears the entire burden of proof in criminal cases and the defendant does not have to testify, nor call any witnesses, nor prove anything at all. The burden of proof is on the Crown—and it is a high burden.
The burden of proof in criminal cases is high because the consequences for the accused likewise are high. Defendants who face criminal charges, particularly for indictable offences, generally face time in prison and other harsh consequences. Because Canada has a system that presumes that people are innocent until proven guilty, the burden of proof required to prove guilt is high beforethe Crown can send them to prison and take their freedom away.
“Reasonable Doubt” Does Not Mean “Any Doubt”
The Supreme Court of Canada has ruled that jurors should receive instruction that “reasonable doubt” cannot
