Présomption d'innocence

Cette page a été mise à jour ou révisée de manière substantielle pour la dernière fois January 2015. (Rev. # 11718)

n.b.: Cette page est expérimentale. Si vous repérez une grammaire ou un texte anglais clairement incorrect, veuillez m'en informer à [email protected] et je le corrigerai dès que possible.

• < Preuve

Principes généraux

At common law, all prosecutions start with a presumption of the accused's innocence.

The presumption is said to be a "hallowed principle lying at the very heart of criminal law."

The presumption of innocence requires that the Crown has the onus of proving all essential elements of proof beyond a reasonable doubt. The accused has "no responsibility to establish their innocence in any way." They will get the benefit of innocence by merely raising a doubt.

Relationship to Right of Cross-examination

The right to cross-examine a witness is necessary for trial fairness and is "closely linked to the presumption of innocence."

Constitutional Right

The right to a presumption of innocence is expressly protected in s. 11(d). It is also implicated in the rights under s. 7 of the Charter to rights of life, liberty and security of the person.

Under section 11 of the Charter:

Proceedings in criminal and penal matters

11. Any person charged with an offence has the right
...

(d) to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal;

– CCRF

The purpose of the presumption is to protect the fundamental liberty and human dignity of the accused. The person faces "grave social and personal consequences" from the law and so needs protection.

The principle is an essential element to a system founded in the rule of law.

Section 6 of the Criminal Code states:

Presumption of innocence

6 (1) Where an enactment creates an offence and authorizes a punishment to be imposed in respect of that offence,

(a) a person shall be deemed not to be guilty of the offence until he is convicted or discharged under section 730 [ordonnance de libération] of the offence; and

(b) a person who is convicted or discharged under section 730 of the offence is not liable to any punishment in respect thereof other than the punishment prescribed by this Act or by the enactment that creates the offence.

[omis (2) and (3)]
R.S., 1985, c. C-46, s. 6; R.S., 1985, c. 27 (1st Supp.), s. 4, c. 1 (4th Supp.), s. 18(F); 1995, c. 22, s. 10.

– CCC (CanLII), (Jus.)

---

From the right to the presumption flows the right to be convicted on when the offence has been proven beyond a reasonable doubt and the obligation on the Crown to bear the burden of proof.

Statutory Presumptions

Consideration of whether a statutory presumption is constitutional should include consideration of whether:

1. importance of the legislative objective,
2. how difficult it would be for the prosecution to prove the substituted fact beyond a reasonable doubt,
3. whether it is possible, and how easy it is, for the accused to rebut the presumption, and,
4. scientific advances