Fundamental Justice

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Fundamental Justice

• the Presumption of Innocence

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The Presumption of Innocence

• In Canada, a person is Innocent until Proven
  Guilty!
• This initial presumption guides certain
  procedures in the legal system.

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The Presumption of Innocence

• For example the CROWN has the initial Burden
  of Proof
• Meaning that because the law presumes you are
  innocent, the Crown MUST prove their case first
  (your guilt).
• You do not have to defend yourself UNTIL this has
  been done.
• If they have NOT done this satisfactorily then
  you have NOTHING to defend.
• Can have charges dismissed.

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Fundamental Justice

• Guiding legal principle that must be followed by
  the courts and the entire legal system!
• GUARANTEED IN THE CHARTER!!!
• It ensures that a person has the opportunity to
  DEFEND ONESELF!
• It also ensures that a decision will be made by
  someone who will be fair and objective.
• DUE PROCESS (proper and appropriate steps
  followed)

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Fundamental Justice

1. RIGHT TO BE HEARD
2. IMPARTIALITY

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Fundamental JusticeTHE RIGHT TO BE HEARD

• Basically means
• That you have your day in court
• (notified of the day, have a lawyer and
  cross-examine witnesses and present and refute
  evidence)
• That you have the opportunity to present your
  side
• That you have a chance to defend yourself.

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Fundamental Justice -IMPARTIALITY

• Judged by an impartial body (judge/jury)
• Free from bias
• No interest in the outcome of the case/trial
• No PREFORMED opinions

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What happens if a lawyer, jury member or judge

• knows the person accused?
• knows about the case (ie. Through the media)?
• has some type of bias, takes a side or opinion?

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THEN...there may be a

• CONFLICT OF INTEREST!!!
• POSSIBLY!!!

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CONFLICT OF INTEREST

• May result in
• Voluntarily removal of oneself from case/trial.
• Court/lawyer may have someone removed
  challenging a jury member, request a judge remove
  themselves etc.
• Appeal of a decision after a trial.