Canada
The Canadian Charter of Rights and Freedoms includes provisions such as section 11(h) prohibiting double jeopardy. However, often, this prohibition applies only after the trial is finally concluded. Canadian law allows the prosecution to appeal from an acquittal. If the acquittal is thrown out, the new trial is not considered to be double jeopardy because the first trial and its judgment would have been annulled. In rare circumstances, a court of appeal might also substitute a conviction for an acquittal. This is not considered to be double jeopardy, either – in this case, the appeal and subsequent conviction are deemed to be a continuation of the original trial.
For an appeal from an acquittal to be successful, the Supreme Court of Canada requires that the Crown show that an error in law was made during the trial and that the error contributed to the verdict. It has been suggested that this test is unfairly beneficial to the prosecution. For instance, Martin L Friedland, in his book My Life in Crime and Other Academic Adventures, contends that the rule should be changed so that a retrial is granted only when the error is shown to be responsible for the verdict, not just one of many factors.
Notable examples of this are David Ahenakew, who was tried a second time after being acquitted and Guy Paul Morin who was wrongfully convicted in his second trial after the acquittal in his first trial was vacated by the Supreme Court of Canada.
Read more about this topic: Double Jeopardy
Famous quotes containing the word canada:
“I see Canada as a country torn between a very northern, rather extraordinary, mystical spirit which it fears and its desire to present itself to the world as a Scotch banker.”
—Robertson Davies (b. 1913)
“This universal exhibition in Canada of the tools and sinews of war reminded me of the keeper of a menagerie showing his animals’ claws. It was the English leopard showing his claws.”
—Henry David Thoreau (1817–1862)
“What makes the United States government, on the whole, more tolerable—I mean for us lucky white men—is the fact that there is so much less of government with us.... But in Canada you are reminded of the government every day. It parades itself before you. It is not content to be the servant, but will be the master; and every day it goes out to the Plains of Abraham or to the Champs de Mars and exhibits itself and toots.”
—Henry David Thoreau (1817–1862)