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| Patrick Ducharme |
The evidence in criminal cases is always presented by the prosecutor first. The prosecution is required to prove its case beyond a reasonable doubt, and therefore, it is the prosecutor’s obligation to present the evidence in support of guilt. This is referred to as the burden of proof. The defence need not produce any evidence if the prosecutor fails to meet this burden of proof. An accused person can never be forced to give evidence.
The above is the an excerpt of Patrick J Ducharme's book, Canadian Criminal Procedure Volume 2, available at Amazon or in bulk through MedicaLegal Publishing along with Criminal Trial Strategies.
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