Fundamental Justice & the Presumption of Innocence.

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Presentation transcript:

Fundamental Justice & the Presumption of Innocence

The Presumption of Innocence ► In Canada, a person is Innocent until Proven Guilty! ► This initial presumption guides certain procedures in the legal system.

The Presumption of Innocence ► ► For example the “CROWN” has the initial “Burden of Proof” ► ► Meaning that because the law presumes you are innocent, the Crown MUST prove their case first (your guilt). ► ► You do not have to defend yourself UNTIL this has been done. ► ► If they have NOT done this satisfactorily then you have NOTHING to defend. ► ► Can have charges dismissed.

Fundamental Justice ► ► Guiding legal principle that must be followed by the courts and the entire legal system! ► ► GUARANTEED IN THE CHARTER!!! ► ► It ensures that a person has the opportunity to DEFEND ONESELF! ► ► It also ensures that a decision will be made by someone who will be fair and objective. ► ► DUE PROCESS (proper and appropriate steps followed)

Fundamental Justice RIGHT TO BE HEARD IMPARTIALITY

Fundamental Justice THE RIGHT TO BE HEARD Basically means: ► ► That you have your “day in court”   (notified of the day, have a lawyer and cross- examine witnesses and present and refute evidence) ► ► That you have the opportunity to present your side ►. ► That you have a chance to defend yourself.

Fundamental Justice - IMPARTIALITY   Judged by an impartial body (judge/jury)   Free from bias   No interest in the outcome of the case/trial   No PREFORMED opinions

What happens if a lawyer, jury member or judge; ► knows the person accused? ► knows about the case (ie. Through the media)? ► has some type of bias, takes a side or opinion?

THEN...there may be a ► ► CONFLICT OF INTEREST!!! ► ► POSSIBLY!!!

CONFLICT OF INTEREST May result in: ► ► Voluntarily removal of oneself from case/trial. ► ► Court/lawyer may have someone removed – challenging a jury member, request a judge remove themselves etc. ► ► Appeal of a decision after a trial.