POLS 3300 Lecture Notes - Lecture 7: Statutory Interpretation, Criminal Law Of Canada, Constitution Act, 1982

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Figure 7. 1 above details several of the steps that an individual charged with a crime may take prior to trial. When an individual is charged with a crime by the police, and the police do not release the individual, they are held for a bail hearing, often presided over by a justice of the peace. For most offences, presumption is in favour of granting bail (formally known as judicial interim release) and the burden of proof is on the crown to convince a justice that bail be denied. If bail is denied, the individual is remanded to custody to await trial. Importantly, the denial of judicial interim release is in tension with the right to be presumed innocent until proven guilty, provided by section 11(b) of the charter of rights and freedoms. Section 11(b) provides that punishment cannot be imposed by the state unless the accused person has been found guilty of an offence.

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