Presumption of innocence

Canada

Canada - Criminal Code 1985 (2017) EN/FR


Criminal Code of Canada

Part 1- General

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

a person shall be deemed not to be guilty of the offence until he is convicted or discharged under section 730 of the offence; and

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.

Canada - Schedule B Constitution Act 1982

Schedule B - Constitution Act, 1982 (79)

PART I - Canadian charter of rights and freedoms

Legal Rights

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;

Rome Statute

Article 66 Presumption of innocence

1. Everyone shall be presumed innocent until proved guilty before the Court in accordance with the applicable law.

2. The onus is on the Prosecutor to prove the guilt of the accused.

3. In order to convict the accused, the Court must be convinced of the guilt of the accused beyond reasonable doubt.