Abstract: In jurisdictions where there is no constitutional guarantee of the presumption of innocence, this axiom of the criminal law can be disregarded at the whim of the legislature or the courts. In Canada, however, where the right of the accused persons to be presumed innocent until proven guilty has been entrenched by section 11(d) of the Charter of Rights and Freedoms, any infringement of the presumptions must pass the stringent test of justification set forth in section 1 of the Charter. This article looks at the scope of the presumption of innocence and highlights some major areas of Canadian criminal law where breaches of the presumption occur despite the lack of any justification for such breaches, either on broad principles or under the strictures set forth by the Supreme Court of Canada in R. v. Oakes.
Publication Year: 1988
Publication Date: 1988-03-01
Language: en
Type: article
Access and Citation
Cited By Count: 3
AI Researcher Chatbot
Get quick answers to your questions about the article from our AI researcher chatbot