Key Takeaways
· Charges can be laid without physical evidence if police have reasonable suspicion.
· The Crown must later determine whether there is a reasonable prospect of conviction based on admissible evidence.
· Convictions require proof beyond a reasonable doubt—not just suspicion or speculation.
· The Charter of Rights and Freedoms protects against unlawful searches, self-incrimination, and unfair trials.
· The Crown must disclose all relevant material, including anything that may weaken their case.
· If the evidence proves unreliable or inadmissible, the Crown is expected to withdraw or stay the charge.
Low Threshold for Charges
Police are permitted to lay charges based on reasonable suspicion. This is a low legal threshold and can be met without physical evidence. Statements from witnesses, behavioral observations, or circumstantial clues may be sufficient to justify a charge.
Crown’s Role in Reviewing Charges
Before deciding to prosecute, Crown counsel must ask whether the available evidence supports a reasonable prospect of conviction. If that standard is not met, policy requires that charges not proceed, even if they have already been laid by police.
Reassessing Viability Throughout
Crown attorneys are expected to continue reviewing the case as it progresses. If key evidence is excluded, lost, or contradicted by new information, they must consider staying or withdrawing the charge.
Charter Rights and Trial Fairness
The Charter guarantees a range of protections: the right to be presumed innocent, the right to be tried within a reasonable time, and protection against unreasonable searches. These rights apply from the moment of arrest through to trial.
Full Disclosure Obligations
Under R v Stinchcombe, the Crown is required to disclose all relevant evidence to the defence. This includes materials that may harm the prosecution’s case or assist the accused. Transparency is a cornerstone of trial fairness in Canada.
Illegally Obtained Evidence
If police conduct violates Charter rights—such as searching without a warrant or denying access to counsel—any resulting evidence may be excluded. Section 24(2) of the Charter allows judges to keep such evidence out of court if admitting it would harm the justice system’s reputation.
Prosecution and Public Interest
Crown counsel must consider not only the likelihood of conviction but also whether prosecuting serves the public interest. Charges based on flimsy or questionable evidence are discouraged and may be halted before reaching trial.
Summary
In Canada, someone can be charged even when evidence is thin or non-physical. A criminal charge is not a conviction. Advancing the case through to conviction requires careful legal scrutiny, respect for Constitutional rights, and a credible evidentiary foundation. Weak or improperly gathered evidence cannot sustain a criminal conviction.
If you need legal defence against criminal charges, don’t hesitate to contact us. Give us a call at (905) 541-2228 or fill out a free consultation form today.
