| 1 |
A man is innocent until proven guilty. (C.C. sec. 11(d)). (France takes the opposite view). |
| 2 |
A man's home is his castle. (Entry can only be obtained against the will of the owner by due process of law). |
| 3 |
A man cannot be convicted twice for the same offence - once he has stood trial. This applies when the offence is under the same statute. (C.C. sec. 12 & Charter s. 11(h)). |
| 4 |
A person under twelve years of age cannot be prosecuted. (C.C. sec. 13). |
| 5 |
A man can only be charged and convicted with a crime known to law. (sec. 9 of the C.C. - exception is the charge of contempt of court). |
| 6 |
A man can only be punished after conviction, and then only within the limits authorized by law. (C.C. sec. 6). |
| 7 |
A man is entitled to be tried by his peers. In Canadian law, this is only true for certain indictable offences for which the C.C. so provides. |
| 8 |
The accused must be given the benefit of a reasonable doubt. Therefore, circumstantial evidence must be overwhelming. |
| 9 |
The Crown must prove its case beyond a reasonable doubt. |
| 10 |
No charge can be laid against a person for a common law offence - except for contempt of court. See sec. 9 of the C.C. |
| 11 |
A person can only be arrested by due authority of the law. (C.C.sec. 494-495). |
| 12 |
Ignorance of the law is not an excuse (C.C. sec. 19). However, in some cases there may be exceptions - see main text. |
| 13 |
The accused is entitled to make a full answer in defence of a charge. In other words, a person cannot be tried while under the influence of alcohol or drugs and an insane person cannot be tried - see main text. |
| 14 |
The accused is entitled to have counsel without delay and to be informed of the right. (Charter of Rights and Freedoms - sec. 10b). |
| 15 |
The accused cannot be compelled to incriminate him or herself. (Charter sec. 11(c)). |
| 16 |
Generally speaking the accused's character or general reputation is not at stake. Exceptions are if such information is essential to the crime such as with Clifford Olson and Paul Bernardo. |
| 17 |
With the exception of a few crimes, neither the husband or wife are compellable witnesses for the prosecution. (see Canada Evidence Act, sec. 4(2), 4(4) and 4(5) for exceptions. |
| 18 |
Corroboration is required by law in certain cases. |
| 19 |
In most crimes, guilty mind (mens rea) has to be established. |
| 20 |
In some cases compulsion will be a defence (C.C. sec. 17 - see main text). |
| 21 |
In many cases where stark necessity compels a person to commit an offence, that may be a defence. |
| 22 |
Insanity is a defence if pleaded at the time of the trial (C.C. sec. 16 - see main text). |
| 23 |
People who become insane before they are brought to trial cannot be tried (see 14 above). |
| 24 |
People who become insane during the term of imprisonment must be placed in an institution until they recover. |
| 25 |
Provocation may form a defence - this does not include impulsive insanity. Provocation must be instantaneous - not over a period of time (see main text). |
