Trial

In Canada, any person accused of a criminal offence is presumed to be not guilty. The Crown must prove, beyond a reasonable doubt, on all elements of the offence, that the accused person is guilty.

But what does that mean?

Every criminal offence has elements that need to be proven in regards to both an action and an intention. For example, consider the offence of possession of an illegal drug for the purpose of trafficking: the Crown must prove that the accused person had possession – that the accused person had both knowledge of and control over the drug – and that the possession was for the purpose of trafficking in that drug. Of course, the drug must be proven to be an illegal drug as well. Every criminal offence has multiple elements that the Crown must prove in order to prove guilt.

Trial procedure typically involves the Crown calling its evidence first. Crown evidence will usually consist of sworn testimony from police officers, civilian eyewitnesses, and Crown expert witnesses. It may also consist of documentary evidence, such as videotapes, photographs, or physical exhibits. This evidence will need to be tested and authenticated at trial. The Crown goes first because displacing the presumption of innocence is the Crown’s burden. Only after the Crown presents its case does the defence have the option of calling its evidence, and sometimes it may be a tactical advantage not to call defence evidence at all.

 
At Axon Law, we have experience in making the Crown its case at all levels of Trial Court in Alberta: Provincial Court, Queen’s Bench Judge, and Queen’s Bench with a Jury. We have experience defending charges from simple shoplifting to drugs to murder.

We would be pleased to assist you in exercising your right to have the Crown
prove every element of every offence that you are accused of.

Contact us today to obtain assistance or you can use the convenient E-Form below.  Someone will respond to you promptly.