Presumption of innocence

The principle, now protected by section 11(d) of the Charter, that everyone accused of a crime is presumed to be innocent until the Crown has proven the accused’s guilt beyond a reasonable doubt to the satisfaction of a judge or jury.

Requirement in section 11(d) of the Charter that the Crown prove the accused’s guilt beyond a reasonable doubt. The Crown must prove not only the elements of the offence but all matters essential for conviction, including the non-availability of relevant defences.