1. Understand your case and your rights
Question & Answer
What is a judicial pre-trial?Before you have your judicial pre-trial, think about:
- the Crown's case against you, including the strength of the against you
- any defences you may have
- any Charter violations that occurred during the investigation or your
Burden of proof
The Crown must prove every part of the you're charged with . You don't have to prove you're innocent.
Even if you're guilty of the offence, you have the right to a , and the Crown must prove each part of your offence beyond a reasonable doubt.
Your Charter rights
You have rights whenever you're in a criminal case. For example, you have the right:
- to be until you're proven guilty in a fair and public by an impartial court
- to be given a trial within a reasonable amount of time
- to be free from unreasonable searches
- to be tried by a jury if the maximum for your offence is 5 years or more
These rights are protected by the Canadian Charter of Rights and Freedoms. If your rights have been breached through your contact with the criminal justice system (including the police and courts), it may impact your case.
It is important to understand your Charter rights. If they have been breached, this might mean:
- you will have a longer trial
- you have some power in negotiating a better plea position
