Criminal Code of Canada - section 6(1) - Presumption of innocence

section 6(1)

INTRODUCTION AND BRIEF DESCRIPTION

This section states that a person accused of a crime is not considered guilty until convicted or discharged, and can only be punished according to the prescribed punishment for the offense.

SECTION WORDING

6. (1) Where an enactment creates an offence and authorizes a punishment to be imposed in respect of that offence, (a) a person shall be deemed not to be guilty of the offence until he is convicted or discharged under section 730 of the offence; and (b) a person who is convicted or discharged under section 730 of the offence is not liable to any punishment in respect thereof other than the punishment prescribed by this Act or by the enactment that creates the offence.

EXPLANATION

Section 6(1) of the Canadian Criminal Code outlines an important legal principle known as the presumption of innocence. This section establishes that when someone is facing criminal charges, they are considered innocent until proven guilty beyond a reasonable doubt. Until their guilt has been established through a conviction or discharge under section 730, they cannot be punished for the alleged crime. This section also serves to limit punishments that can be imposed on convicted individuals. It ensures that punishments are not excessive and are in-line with those prescribed by the Criminal Code or the specific enactment that created the offence. This safeguards against arbitrary or disproportionate punishments. Overall, Section 6(1) of the Criminal Code is a crucial safeguard against injustice and the abuse of state power. It reinforces the fundamental principle of innocent until proven guilty and ensures that individuals facing criminal charges are treated fairly and with respect for their rights.

COMMENTARY

Section 6(1) of the Criminal Code of Canada addresses the principles of fundamental justice that are integral to the Canadian legal system. The section establishes the presumption of innocence, which is a fundamental legal principle that is enshrined in the Canadian Constitution. The section suggests that whenever an enactment (law) creates an offence, the accused shall be deemed not guilty until they are convicted or discharged under section 730 of the same offence. This means that the prosecution must prove that the accused is guilty beyond a reasonable doubt. If the prosecution fails to make a compelling case, the accused will be found not guilty. The principle of presumption of innocence is particularly relevant in criminal proceedings, where the liberty and rights of the accused may be at stake. The presumption of innocence ensures that the burden of proof is on the prosecution to establish guilt, as opposed to the accused having to prove their innocence. In addition, section 6(1) states that a person who is found guilty or discharged under section 730 of an offence is only liable to punishment prescribed by the Criminal Code or the enactment that creates the offence. This ensures that the punishment for any offence is clearly established and proportionate to the crime committed. The section also highlights the importance of ensuring that punishment for any offence is prescribed in law. This reinforces the Rule of Law and ensures that individuals are protected from arbitrary punishment. Moreover, the enaction of laws that identify appropriate punishment serves to promote fairness and justice in society. Overall, section 6(1) is an essential part of the Criminal Code of Canada, helping to safeguard the rights of individuals. The presumption of innocence is a bedrock principle of the Canadian justice system, which must be employed in every criminal case. The section affirms that justice is served when guilt has been proven beyond a reasonable doubt, and when the punishment prescribed by law is just and proportionate to the crime committed. Ultimately, section 6(1) acts as a crucial safeguard against arbitrary state action, promoting fairness, and justice for all Canadians.

STRATEGY

Section 6(1) of the Criminal Code of Canada is an important provision that governs the presumption of innocence and the limits of punishment for criminal offenses. This provision sets out the basic principles of criminal law, which ensure that individuals are not punished for a crime unless they have been found guilty of that crime and that they are not subjected to excessive or disproportionate punishment. As such, there are several strategic considerations that lawyers, defendants, and prosecutors must take into account when dealing with this provision. One of the most important strategic considerations when dealing with Section 6(1) is the burden of proof. In criminal law, the prosecution has the burden of proving each element of the crime beyond a reasonable doubt. This means that the prosecution must prove that the defendant committed the crime, and that they did so with the necessary elements of intent or recklessness. This is a high standard, and it creates a significant obstacle for the prosecution. To overcome this, prosecutors must carefully analyze the evidence and build a strong case that can withstand defense challenges. Another strategic consideration is the use of plea bargaining. Plea bargaining is a process by which the prosecution and the defense agree to a reduced charge or sentence in exchange for a guilty plea. This can be a useful strategy for both sides, as it allows the prosecution to avoid the risk and expense of a trial while securing a conviction, and the defense to avoid the risk of a harsher sentence if found guilty at trial. However, plea bargaining can also raise ethical concerns, as it may undermine the presumption of innocence and erode public trust in the justice system. A third strategic consideration is the role of sentencing in Section 6(1). Under this provision, a person who is convicted of a crime may only be subjected to the punishment prescribed by law. This means that the sentence must be proportionate to the severity of the offense and not be excessive or disproportionate. This is an important consideration for both the prosecution and defense, as it can affect the bargaining power of each side. For the prosecution, seeking a harsher sentence may be a way to achieve a guilty plea or discourage future criminal activity. For the defense, arguing for a lenient sentence may be a way to avoid the harsh consequences of a guilty verdict. There are several strategies that can be employed in dealing with Section 6(1). For example, defense lawyers may use the presumption of innocence to challenge the prosecution's case and force them to prove each element of the crime beyond a reasonable doubt. Prosecutors may use plea bargaining to secure a conviction while avoiding the risks of a trial. Both sides may use sentencing considerations to influence the outcome of the case. Ultimately, the strategic considerations in dealing with Section 6(1) will depend on the specific circumstances of each case and the interests of the parties involved.