What Is an Acquittal in Canada?

An acquittal occurs when someone accused of a criminal offence takes their matter to trial and is found not guilty of the charges. It is a formal recognition by the court that the accused is released from accusation and freed from obligation regarding the charges.

In Canadian criminal law, an acquittal means that the prosecution has failed to prove that the accused is guilty beyond a reasonable doubt. After a trial, an acquittal is the most favourable outcome for the accused.

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What Is the Difference Between an Acquittal and a Not Guilty Verdict?

Being “acquitted” and being found “not guilty” both effectively absolve you of legal accountability for the commission of a crime. However, there are subtle distinctions between these terms.

A not guilty verdict is a form of acquittal, but it is not the only way to be acquitted. A jury hands down a not guilty verdict, but either a judge or jury can render an acquittal.

A not guilty verdict is based solely on the evidence presented at trial. When a jury delivers this verdict, it means the prosecution did not produce enough evidence to prove guilt beyond a reasonable doubt. An acquittal more broadly means the prosecution cannot establish guilt beyond a reasonable doubt under any circumstances.

Importantly, neither term suggests nor confirms that the accused is innocent of the crime. Both an acquittal and a not guilty verdict simply mean the prosecution could not meet its burden of proof.

How Does a Trial Result in an Acquittal?

Following pre-trial discussions involving the criminal defence lawyer, the Crown Attorney, and a judge, the accused and their lawyer may decide that taking the matter to trial is the best course of action.

It is sometimes possible to resolve criminal charges without going to trial. For example, if a criminal defence lawyer can convince the Crown Attorney that there is no reasonable prospect of conviction, the Crown may withdraw the charges before trial.

If the matter proceeds to trial, the judge or jury must consider the evidence and determine whether the accused is guilty beyond a reasonable doubt. Depending on the facts of the case, if the defence lawyer has argued effectively, the accused can be acquitted.

What Happens in a Jury Trial?

If the accused is tried by a judge and jury, the jury must reach a unanimous decision on guilt. All members of the jury must agree to find the accused guilty or not guilty.

If the jury cannot reach a consensus, a mistrial will be declared. In this situation, the Crown Attorney may choose to prosecute the accused again for the same offence.

A partial acquittal can occur when a defendant is found not guilty of one charge but guilty of a different offence arising from the same circumstances.

What Is Double Jeopardy Protection in Canada?

Section 11(h) of the Canadian Charter of Rights and Freedoms states that any person charged with an offence has the right, “if finally acquitted of the offence, not to be tried for it again and, if finally found guilty and punished for the offence, not to be tried or punished for it again.”

This constitutional protection guarantees that once a person is found not guilty or acquitted, they cannot be tried or punished for the same criminal offence again. It is unconstitutional for an accused person to be tried for the same criminal offence in relation to the same matter twice, or even for a similar criminal offence arising from the same circumstances.

In the Supreme Court of Canada case R. v. Schmidt, the defence successfully argued that it would violate Section 11(h) of the Charter for the accused to be charged with child stealing, since the accused had already been acquitted of an allegedly similar federal kidnapping charge.

When Does Double Jeopardy Protection Apply?

Section 11(h) applies only after the trial has concluded and the accused has been “finally acquitted.” This is an important distinction.

Both the Crown and the defence have the right to appeal a decision after trial. If an appellate court sets aside an acquittal and orders a new trial, that subsequent trial would not be unconstitutional because the accused has not yet been “finally acquitted.”

Can the Crown Appeal an Acquittal?

Yes. Under Section 676(1) of the Criminal Code of Canada, the Crown may appeal against various decisions, including acquittals.

For Indictable Offences, the Crown May Appeal:

• A judgment or verdict of acquittal on any ground of appeal that involves a question of law alone
• An order that quashes an indictment or refuses to exercise jurisdiction
• An order that stays proceedings or quashes an indictment
• The sentence passed by the trial court (with leave of the court of appeal), unless the sentence is fixed by law

For Summary Offences: Under Section 676(1.1), the Crown may, with leave of the court of appeal, appeal against an acquittal in a summary offence proceeding if certain conditions are met, including that the summary offence was tried together with an indictable offence.

Section 676(2) defines an acquittal as including situations where the accused was acquitted of the specific offence charged but convicted or discharged of another offence during the same trial.

What Is the Significance of an Acquittal?

An acquittal certifies that the accused is free from the charge as far as criminal law is concerned. Once finally acquitted, the accused cannot be retried for the same offence, even if new evidence surfaces.

Unlike some aspects of criminal proceedings that may still appear on police records, an acquittal represents a complete vindication at trial. The prosecution had its opportunity to prove the case and failed to meet the required standard.

Do You Need a Criminal Defence Lawyer?

Achieving an acquittal requires skilled advocacy, thorough preparation, and effective presentation of your defence. An experienced criminal defence lawyer can assess the evidence, identify weaknesses in the Crown’s case, and argue persuasively on your behalf.

Pyzer Criminal Lawyers has over two decades of experience successfully defending clients at trial throughout Toronto and the GTA. We understand what’s at stake for your reputation, freedom, and future. Contact us at (416) 658-1818 for a free, confidential consultation to discuss your case.