How does the Charter affect a criminal trial?

Section 11 of the Charter sets out a number of specific guarantees for persons facing a criminal trial. These include the following:

• the right to be tried within a reasonable time;
• the right to not be a witness against themselves;
• the right to be presumed to be innocent until proven guilty according to law in a fair and public hearing by an independent and impartial court;
• the right not to be denied reasonable bail without just cause;
• the right to trial by jury where the maximum punishment is imprisonment for more than 5 years or a more severe punishment;
• the right, if acquitted of a charge, not to be tried for it again, and if convicted and punished, not to be tried and punished for it again;
• the right to be charged only in matters that constitute an offence under Canadian or international law, or in a criminal matter in accordance with general principles of law recognized by the community of nations.

Accused persons have the right to an interpreter at trial if they are deaf or do not understand or speak the language in which the trial is conducted.

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December 1996

see also:

• More Charter FAQs

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