There can never be justification enough for denying someone of fundamental rights. Regardless of the crime committed, everyone has the right to a fair and just legal process. Canada is a nation that takes pride in its justice and equity, upholding the rights of the accused under all circumstances. Many Canadian law firms like PCS law complement the fair and just proceedings by providing guidance and support. In this article, we will look at the legal rights of the accused that hold the utmost importance in the Canadian justice system.

1. Presumption of Innocence

As Benjamin Franklin said, a hundred guilty persons roaming free is better than one innocent person suffering the brunt of a crime they never committed. Presumption of Innocence ensures that no one bears the burden of guilt resulting from a mere acquisition.

Under this law, every person is innocent until proven guilty beyond a reasonable doubt. This way, an innocent person doesn’t face unnecessary suffering due to judgments and criminal treatment. Section 11 (d) of the Charter of Human Rights and Freedoms in Canada guarantees the presumption of innocence.

2. The Right to Silence

It goes without saying that legal proceedings are intimidating and stressful. Humans become vulnerable in such situations and are likelier to say things they don’t mean. Besides that, authorities or other individuals can force people into saying or admitting things. Such factors have the potential to alter the course of a legal proceeding. 

Hence the Right to Silence plays a vital role in the judicial system by diminishing all such factors. It allows the accused to stay silent during questioning from the court or other officials and is protected under section 11(c) of the Charter of Human Rights and Freedoms in Canada.  Just because the accused stays silent doesn’t imply that they are guilty, and law enforcement can not use this silence against them in any way.

3. Right to a Fair and Impartial Trial

According to Section 11(d) of the Human Rights and Freedoms Charter, everyone has a right to a fair and impartial trial. The details of this right are given below:

  • The Right to an Open and Public Trial

The right to an open and public trial allows citizens to witness the trial. Public trial drastically reduces the likelihood of misconduct. It leads to greater transparency and accountability in the judicial system. Apart from that, an open trial also allows people to form an informed opinion regarding the case.

  • The Right to Challenge Evidence and Witnesses

It is an established principle that the burden of proof lies with the prosecution. The prosecution must prove the guilt beyond a reasonable doubt, and the accused has the right to challenge the witnesses and the evidence presented against them. This way, the judiciary can test the reliability of the evidence to consider credible information only.

4. Trial Within a Reasonable Time

Section 11 (b) of the Charter of Human Rights and Freedoms in Canada guarantees trial within a reasonable time. Legal trials have an unexpected nature and can significantly affect the accused psychologically. Trial within a reasonable time ensures that the accused doesn’t suffer unnecessary psychological stress from an undue extension. 

An extended legal proceeding also leads to problems like loss of evidence, memory loss, unavailability of witnesses, and restrictions on liberty, necessitating trial within a reasonable time.

5. Right to Legal Counsel

The Charter of Human Rights and Freedoms in Canada, Section 10(b) protects the right to legal counsel. Right to legal counsel allows the accused to obtain professional legal guidance and representation during a criminal justice process. The right to legal counsel is fundamental because ordinary people don’t know or understand the law well. A lawyer can assist the accused in making informed decisions and safeguarding their due rights.

6. Protection Against Unreasonable Searches and Seizures

A search is when law enforcement intrudes on privacy. For instance, a physical search of property or belongings. On the other hand, seizure constitutes instances in which law enforcement takes something from you that is believed to have a connection with the crime, like your cell phone or some documents. Section 8 of the Charter of Human Rights and Freedoms in Canada protects Against Unreasonable Searches and Seizures. It aims to protect the privacy and dignity of the accused.

Endnote

It is important that every person’s voice is heard, and the Canadian judicial system ensures this by upholding the legal rights of the accused. This guarantees justice for all individuals, regardless of their circumstances. Doing so prevents unjust harm while demonstrating a dedication to fairness and equality.

NCS
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