The accused can never be forced to testify at his trial. Because a person in Canada accused of a crime is presumed innocent until a Judge or jury finds him guilty, the presumption of innocence prevents anyone from forcing the accused to formally answer the charge(s). The accused does not have to prove his innocence. The Crown must prove the accused is guilty beyond a reasonable doubt.
If the Crown does not present enough evidence to convince the Judge or jury of his guilt beyond a reasonable doubt, the accused must be found not guilty. He or she will be “acquitted.” Briefly stated, the accused can choose to remain silent and not testify in his defence. He is equally entitled to testify and/or to present other witnesses to provide relevant evidence whether he testifies or does not testify.
When an accused decides not to testify at his trial the Judge or jury is not permitted to interpret his failure to testify as proof of his guilt. The Judge is required by law, and the jury is informed of this law, that the accused is presumed to be innocent until found guilty beyond a reasonable doubt.
The above is the an excerpt of Patrick J Ducharme’s book, Canadian Criminal Procedure, available at Amazon or in bulk through MedicaLegal Publishing along with Criminal Trial Strategies.
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