The prosecution and the defence each have an opportunity to present evidence. The prosecution goes first. The prosecution has to prove the charge(s). The defence is not required to prove innocence. The defence is not required to prove anything except in rare specific instances clearly spelled out in the Code. Because accused persons are not required to prove their innocence they are not obliged to testify or to present evidence. Instead, the prosecutor is required to prove each essential element of an offence beyond a reasonable doubt.
After the prosecutor delivers her opening address to the jury, the prosecutor will call witnesses. The prosecutor may also file documents or items of evidence as exhibits. Facts that are admitted pursuant to section 655 of the Criminal Code by the defence may also be considered part of the prosecutor’s case. Such an admission disposes of the necessity of proof of that which is admitted by the defence.
If the defence chooses to present evidence, defence counsel may make an opening address after all the evidence has been called by the prosecution. In making their opening addresses, either side may refer to the evidence they intend to present, however, should avoid argument on the facts and, except for the very limited basis referred to below, avoid reference to the law. Even in closing addresses, reference by counsel to the law should be restricted and only for the purpose of making arguments as to the facts understandable and relevant.
The trial Judge, after all the evidence has been heard, explains for the jury the applicable principles of law. The jury is to follow the instructions of the trial Judge. Opening addresses are permitted for the limited purpose of outlining for the jury the evidence that is anticipated. Consequently, if there is any reference to the law at all, it ought to be minimal and only for the purpose of explaining the relevance of the evidence that is anticipated.