The Rights of the Accused

• Author: Loree Armstrong Beniuk, Jo-Anne Hughes, and Jack Reynolds
• Pages: 61-67

61

e Rights of the Accused

e accused was charged with sexual oences against two -year-old complain-

ants. At trial, one of them was a reluctant witness for both the Crown and the

defence. He became unresponsive during part of the examination by the Crown,

and this continued during cross-examination by defence counsel, when he became

unresponsive to many of the questions put to him. As a result, defence counsel

moved for a directed verdict of acquittal. e defence argued that the complainant’s

unresponsiveness during cross-examination was a breach of the accused’s right

to a fair trial…the right to cross-examine is a cornerstone of the adversarial trial

process. e trial judge had to decide whether the trial should continue aer an

incomplete cross-examination of a child witness or whether some other remedial

action should be taken.

— Anna Maleszky, Crimes Against Children

Prosecutions of cases of child sexual abuse are governed by a set of rules

that are designed to protect victims and the rights of the accused. The

fundamental principles of the Canadian justice system are stated in the

Canadian Charter of Rights and Freedoms and are also found in the Criminal

Code and in caselaw.

The most important tenet in Canadian criminal law is that a person is

presumed innocent until proven guilty in court.

Safeguards are in place to ensure that people accused of a crime are

treated fairly and are given the maximum opportunity to prove their inno-

cence. They have the right to:

eight