Going to Court
Innocent Until Proven Guilty
In Canada, people who are accused of breaking the law are innocent until proven guilty. This means that, by law, they are innocent until a judge or jury decides in court that they are guilty beyond a reasonable doubt.
The Crown Counsel, a government lawyer, has to show that the accused person broke the law. Another lawyer defends the accused person.
The judge or jury listens to both lawyers and then makes a decision. Sometimes, the judge or jury cannot be quite sure. Then the judge will let the accused person go.
For example, what if Ying Yee did not see the robbery happen? What if only a shopper in the store saw the robber? Maybe this shopper didn’t go to court to identify the man. The judge may think the accused man is the robber, but is not sure. The judge must then let him go.
In Court
What if Jim is arrested or he receives a notice to go to court?
The first time Jim goes to court, he should have a lawyer with him. If he doesn’t have one, he can ask the judge for time to get a lawyer. The Legal Services Society will give free help or advice. What if Jim doesn’t speak English well? He can ask the court for an interpreter. This is free.
In court, Jim will hear the charges. The charge is what the Crown Counsel says Jim did. For example, the Crown Counsel may say Jim robbed the store. Jim must answer “guilty” (that he did it) or “not guilty.” Jim should talk to a lawyer before he decides which to say. The lawyer will help him make the right decision.
The judge may say Jim has to stay in jail until the trial. Or the judge may let Jim go home until the trial, if Jim pays bail. Bail is money he pays, or promises to pay, to make sure he will go to court. Jim will get the money back after the trial.
What if Jim says he is not guilty? Then the Crown Counsel will try to prove that Jim broke the law. Jim may have to go back to court one or more times. The judge, or the jury, will listen to the evidence and decide. If the judge or jury decides that Jim is not guilty, the judge will let him go. If the judge or jury decides Jim is guilty, the judge will decide the sentence (punishment).