The Presumption of Innocence in Canadian Criminal Law: Why It Matters
In Canada, anyone charged with a criminal offence is presumed innocent until proven guilty. This may sound simple, even obvious—but in practice, this constitutional guarantee is one of the most important safeguards in the entire justice system.
As criminal defence lawyers, we rely on the presumption of innocence not just as a legal rule, but as a fundamental principle of fairness. It protects everyone—from the wrongly accused to those facing public scrutiny—by ensuring the Crown must prove guilt beyond a reasonable doubt.
📜 Where Does the Presumption of Innocence Come From?
The presumption of innocence is both a common law tradition and a constitutional right under the Canadian Charter of Rights and Freedoms.
Section 11(d) of the Charter:
“Any person charged with an offence has the right… to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal.”
This section is not just symbolic. It has real legal consequences. The burden of proving a person’s guilt always rests on the Crown—not the accused. The accused does not need to prove their innocence.
⚖️ A Watershed Principle in Canadian Law
The Supreme Court of Canada has described the presumption of innocence as a "hallmark of a democratic society." In the foundational case R. v. Oakes, [1986] 1 S.C.R. 103, the Court stated that:
"The presumption of innocence is of fundamental importance in a free and democratic society and a cornerstone of our criminal justice system."
This case set the tone for how the courts would view Charter rights. The presumption of innocence has since influenced countless decisions across the country, including in Alberta.
Why Is the Presumption of Innocence So Important?
You may have heard the phrase:
“It is better that 1,000 guilty persons go free than one innocent person be wrongly convicted.”
This is not a legal loophole—it’s a moral foundation. It reflects the idea that the risk of wrongful conviction is so serious, the system must do everything it can to avoid it. And that includes:
Requiring full disclosure from the Crown
Ensuring a fair trial process
Allowing every available legal defence, even if technical or unpopular
These safeguards protect everyone, not just the accused in a given case.
🔍 Full Disclosure and Fair Process Are Crucial
One of the key ways we protect the presumption of innocence is through the disclosure process. The Crown must provide the defence with all relevant evidence—including evidence that could help the accused.
As discussed in the case R. v. Stinchcombe, [1991] 3 S.C.R. 326, the Supreme Court held that withholding disclosure undermines the accused’s right to make full answer and defence, which is protected under Section 7 of the Charter.
In Alberta, courts have applied these principles strictly. In R. v. Vallentgoed, 2016 ABCA 358, the Alberta Court of Appeal emphasized the Crown’s continuing duty to disclose all evidence, and how delays or omissions can affect the fairness of a trial.
🛡️ Why All Defences Matter—Even the Technical Ones
Sometimes, a defence may be dismissed in the public eye as a “technicality.” But in law, these so-called “technical” defences often represent critical rights and protections.
For example:
A Charter breach due to an unlawful search
A lack of proper mens rea (intent)
A mistake of law or fact defence
A statutory defence written into the Criminal Code
Each defence plays a role in ensuring that only those truly proven guilty are convicted—and that those who are not proven guilty are acquitted, as they must be under the law.
Why Is the Presumption of Innocence Sometimes Controversial?
In emotionally charged cases—especially those involving violence, sex offences, or high-profile media coverage—the public may instinctively “believe” the accused is guilty. But the justice system does not operate on gut feelings or public opinion.
The presumption of innocence requires:
A cool-headed legal approach
Objective evidence over subjective belief
Patience while the process plays out
Even when the accused has a criminal record or faces multiple charges, they are still presumed innocent on the new charges until proven guilty.
🏛️ Alberta Courts and the Presumption of Innocence
Courts in Alberta have consistently reinforced the need to respect this principle. In R. v. Walle, 2012 ABCA 256, the Alberta Court of Appeal reversed a conviction due to improper comments by the trial judge that undermined the presumption of innocence.
More recently, in R. v. J.M., 2022 ABPC 41, the court highlighted how failure to uphold this principle—such as shifting the burden of proof to the accused—can lead to miscarriages of justice.
✅ Final Thoughts: Why the Presumption of Innocence Protects Us All
The presumption of innocence is more than a legal technicality. It is a moral compass that keeps our justice system fair, balanced, and free of arbitrary punishment. It ensures:
The Crown must prove its case
The accused receives full disclosure
All possible defences are available
Judges and juries remain impartial
If you are facing charges in Alberta, I am here to protect your rights and hold the Crown to its legal burden—no matter how serious the allegation. The presumption of innocence is your first and most important shield.
📞 Contact my office today to ensure your rights are defended from day one.