The most fundamental principle in the Canadian criminal justice system is provided, and guaranteed by section 11(d) of the Canadian Charter of Rights and Freedoms. This section states the following:
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.
Many important legal principles governing how police can conduct their investigations, how the Crown can prosecute a case, and what evidence is admissible in a trial, can all trace their roots back to this important principle.
As a former police officer
Jake saw first-hand how this fundamental principle played out in our criminal justice system, and how powerful it can be.
As a defence lawyer
Jake strives to construct all defences that are made available because of this fundamental principle – your presumption of innocence.