Fairness and Predictability in Canada’s Courts
Commentary It seemed simple enough as we closed out the 20th century. The role of courts was to apply longstanding rules of evidence to ferret out the truth, the whole truth, and nothing but the truth. In a criminal case, the evidence had to prove the facts necessary to establish guilt beyond reasonable doubt. On […]
The role of courts involves applying evidence rules to ascertain truth. In criminal cases, guilt must be proven beyond a reasonable doubt, while civil liability requires proof on a balance of probabilities. This difference makes securing a criminal conviction more challenging than a civil judgment.
- Courts apply rules of evidence to determine truth.
- Criminal cases require proof of guilt beyond a reasonable doubt.
- Civil cases require proof of liability on a balance of probabilities.
- The burden of proof is higher in criminal cases than in civil cases.
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