Khalid Akram

Being accused of a crime can be frightening. However, in Canada, there are important rights in place to protect individuals facing criminal charges. The following  is discussion of what some of these rights are and how they work:

1. Right to Be Informed

If you’re accused of a crime, you have the right to know what you’re being accused of and why. The police must inform you of the specific charges against you and explain your rights in a language you understand. This helps ensure that you know what’s happening and can participate fully in the legal process.

2. Right to Legal Representation

One of the most important rights of the accused in Canada is the right to legal representation. This means you have the right to retain a lawyer to defend you. There are certain consequences that result if this right is breached. For example, your case may be dismissed. 

You should hire a good criminal lawyer to defend you. Our team can help you understand your rights, navigate the legal system, and advocate on your behalf during court proceedings to reach a favourable outcome.

3. Right to Remain Silent

In Canada, you have the right to refuse to answer questions from the police or other authorities if you believe it could incriminate you. You can’t be forced to speak or provide evidence against yourself, and your silence can’t be used against you in court.

The right against self-crimination and right to silence protects an accused from cooperating in their own conviction. The right comes from common law (case law) and section 7 of the Charter.

4. Right to a Fair Trial

Every accused person in Canada has the right to a fair trial. This means that your case will be heard by an impartial judge or jury who will consider the evidence and legal arguments presented by both sides. You have the right to challenge evidence against you and to present your own evidence and witnesses in your defense.

There are rules that must be followed to ensure a fair trial. We do our best to ensure a fair trial by making sure the prosecution follows the rules.

5. Presumption of Innocence

In Canada, you are presumed innocent until proven guilty beyond a reasonable doubt. This means that the burden of proof lies with the prosecution to demonstrate your guilt, and you don’t have to prove your innocence. The presumption of innocence is a fundamental principle of Canadian criminal law and ensures that individuals are treated fairly throughout the legal process.

Sometimes the proof is weak or appears strong at first glance. A good criminal lawyer can spot weaknesses in the prosecutions case and use it to your advantage. At Akram Law, we thoroughly review the evidence with a critical eye, with a view to obtaining a favourable outcome for our clients.

6. Protection Against Self-Incrimination

You have the right to protection against self-incrimination, which means you can’t be compelled to testify against yourself in court. This includes the right to refuse to testify as a witness and the right to choose not to testify in your own defense. Your decision to remain silent or not testify cannot be used against you or interpreted as an admission of guilt.

These are just some of the rights of the accused in Canadian law that are designed to ensure fairness, protect individual liberties, and uphold the principles of justice. 

If you’ve been charged with a criminal offence in Alberta, contact us today for a free consultation.Our experienced team can help you understand the various rights you have as an accused and help you plan your best defence. 

When it comes to dealing with criminal matters in Canada, the journey from suspicion to trial is quite a process. Let’s break it down into simpler terms:

1. The Investigation

This is where it all begins. The police collect clues and information to figure out what happened. They have to follow strict rules to ensure fairness to everyone involved and that the evidence they gather is solid.

2. Arrest and Charge

If the evidence points to someone, the police might arrest them. It’s a serious moment that comes with certain rights. For example, the Police  have to tell you why you’re being arrested. They also have to tell you that you have the right to stay silent and to talk to a lawyer. These are rights guaranteed by the Charter.

Here’s a piece of free legal advice: never waive these rights without speaking to a lawyer. Depending on the situation, you might go home or stay in custody until your trial . 

Contact us immediately if you’ve been arrested or charged. We can help arrange your release. 

3. Resolution:

After you are charged, the prosecutor screens the charges to determine whether to prosecute. Depending on many factors, charges may resolve without the need for a trial. 

You will need an experienced criminal lawyer by your side to negotiate a favourable resolution with the prosecutor. Our team has a proven track record of getting favourable resolutions for clients. Contact us to speak to an experienced criminal lawyer.

4. The Trial

If there is no resolution, the matter goes to trial. The prosecution presents their evidence to prove you did the crime “beyond a reasonable doubt”. Your defense team fights to cast doubt on the prosecution’s evidence. The judge acts as a referee to ensure a fair trial. The trial is a battle of wits and evidence, with the judge or jury ultimately deciding. 

You don’t want to go at this alone. You will need an experienced criminal defence lawyer by your side. 

4. Verdict and Sentencing

After all is said and done, the judge or jury makes their decision: guilty or not guilty. There are also If they find you guilty, it’s time for the sentencing phase. This is when they decide what punishment fits the crime, whether it’s a fine, community service, or even jail time.

5. Appeal Process

If you think something went wrong during the trial, you have the right to appeal. That means you can ask a higher court to review the case and see if there were any mistakes made. It’s like a second chance to set things right. However, there are timelines to file an appeal so you will need to act fast. 

In the end, the criminal procedure in Canada is all about fairness and making sure everyone involved gets a fair shake. From the first suspicion to the final judgment, each step is crucial in keeping the justice system on track and ensuring that justice is served. You will need an experienced criminal lawyer to ensure a fair process.

If you’ve been arrested or charged with a crime, contact our experienced team today to discuss your case and work on your best defence. No matter which stage of the criminal process you are in, we can help.