Criminal convictions are very serious as they could involve taking away someone's freedom. Even if someone is not sent to jail, the stigma of a criminal record can seriously affect their life. To try to ensure no one is convicted of crimes they did not commit, there are number of safeguards, including:.

The Presumption of Innocence: One of the most important principles under Canadian law is the principle of “presumption of innocence”. The principle is protected by the Charter of Rights and Freedoms and means that the accused is presumed innocent until proven guilty. It is why we refer to people who are charged with a crime as the “accused” and not the “criminal”. It is also why the Courts may release people before the trial (often called “bail”) on even serious charges.

Proof beyond a reasonable doubt:To overcome the presumption of innocence and find someone guilty of a crime, the judge or jury must find that the accused committed the crime "beyond a reasonable doubt". Beyond a reasonable doubt means the standard of proof is close to absolute certainty but does not mean it has to be 100% certain. It is a higher standard than in civil law

Burden of proof on the crown: The entire burden of proving that an accused is guilty is on the Crown Counsel. The accused does not have to prove they are innocent.

Right to know the evidence: The Crown must give the accused all information that is not clearly irrelevant, even (and especially) if the material may help the accused’s case. This is so the accused can be fully aware of the case against them and are able to prepare. The accused does not have to give the Crown any information, with a few exceptions. 

Right to remain silent: The accused has the right to remain silent throughout the whole criminal process, from investigation to trial. They do not have to testify at trial if they do not want to, but they may choose to. The judge or jury may not use the accused’s silence against them when deciding whether to find them guilty or not. 

Right to a lawyer: The accused has the right to a lawyer throughout the criminal process. If they cannot afford a lawyer they may qualify for a free lawyer through Legal Aid. They also have the right to represent themselves.

Right to understand: Accused in Canada can choose to have their trial in French or English. If the accused or a witness does not speak French or English, or is deaf, they must have an interpreter. 

The rights of the accused are protected throughout the criminal process by the Charter of Rights and Freedoms.