Cameron Miranda
Double jeopardy is a legal concept that protects individuals from being tried twice for the same crime or offence. It is a fundamental principle of the justice system in many countries, including Canada, where it is protected under Section 11(h) of the Canadian Charter of Rights and Freedoms. This provision guarantees that an individual who has been finally acquitted or found guilty and punished for an offence cannot be tried or punished for it again. In Canada, the prosecution is allowed to appeal an acquittal, and if it is thrown out, the new trial is not considered double jeopardy as it annuls the first trial. This principle, also known as the Kienapple principle, is based on the broader concept of res judicata, which refers to a matter that has been settled by a competent court and cannot be pursued further by the same parties.
| Characteristics | Values |
|---|---|
| Double jeopardy law in Canada | Protected in the Canadian Charter of Rights and Freedoms |
| Double jeopardy | Prevents courts from trying someone for the same crime on both federal and state legislation |
| Double jeopardy | Prevents double punishment for the same acts |
| Double jeopardy | Prevents unwarranted harassment of an accused by multiple prosecutions |
| Section 11(h) of the Charter | Guarantees the right not to be tried or punished for the same offence twice |
| Section 11(h) of the Charter | Protects against double jeopardy |
| Section 11(h) of the Charter | Protects against the Crown obtaining an additional trial by advancing a new theory of criminal liability for the first time on appeal |
| Section 11(i) of the Charter | Defines the term "punishment" |
| Kienapple principle | Conviction cannot be registered on a charge if there has been a conviction on another charge that was based on the same delict or cause |
| Issue estoppel | The Crown is precluded from relitigating an issue that has been determined in the accused’s favour in a prior criminal proceeding |
| Formerly acquitted | A person should not be convicted of an offence for which they were formerly acquitted |
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What You'll Learn
- Double jeopardy law in Canada is enshrined in Section 11(h) of the Charter
- The law protects Canadians from double punishment for the same acts
- It also prevents the unwarranted harassment of an accused by multiple prosecutions
- The Crown prosecutor should make their best case during the initial trial
- In rare cases, a judge may rule to reopen a case based on new evidence
Double jeopardy law in Canada is enshrined in Section 11(h) of the Charter
Double jeopardy is a concept that is enshrined in the Canadian legal system. It is a fundamental principle of the Canadian justice system that protects individuals from being tried or punished for the same offence twice. This protection is specifically guaranteed by Section 11(h) of the Canadian Charter of Rights and Freedoms, which states that individuals who have been finally acquitted or found guilty and punished for an offence have the right not to be tried or punished for it again.
The purpose of Section 11(h) is to safeguard individuals from double punishment for the same acts and from the unwarranted harassment of multiple prosecutions. It is based on the broader principle of res judicata, which holds that a matter that has been settled by a competent court cannot be pursued further by the same parties. In the context of double jeopardy, this means that once an individual has been acquitted or convicted of an offence, they cannot be tried again for the same crime, even if new evidence comes to light or the case is appealed.
The protection against double jeopardy in Canada extends beyond Section 11(h) of the Charter. It is also enshrined in common law and statutory law, with specific rules and principles that complement and reinforce the Charter protection. For example, the Kienapple principle, derived from the case of Kienapple v. The Queen, holds that a conviction cannot be registered on a charge if there has been a conviction on another charge based on the same delict or cause. Similarly, the common law rule in Van Rassel establishes the principle of autrefois acquit, which states that a person should not be convicted of an offence for which they were formerly acquitted.
While the protection against double jeopardy is a fundamental aspect of the Canadian legal system, there are rare exceptions where an individual may be tried or punished twice for the same offence. For instance, in certain extreme cases, a judge may rule to reopen a case based on new and compelling evidence, but this must be done sparingly and with careful consideration. Additionally, in some instances, the prosecution may appeal an acquittal, and if successful, the new trial is not considered double jeopardy as it annuls the first trial.
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The law protects Canadians from double punishment for the same acts
The right against double jeopardy is also enshrined in common law and statutory law. The common law rule, for example, prevents the Crown from obtaining an additional trial by introducing a new theory of criminal liability for the first time on appeal. This is further supported by the Kienapple principle, which states that a conviction cannot be registered on a charge if there has been a conviction on another charge that was based on the same cause or delict.
In the case of R. v. Whaling, the Supreme Court of Canada affirmed the scope of Section 11(h)'s protection, stating that it guarantees the right not to be tried or punished twice for the same offence. These rights are distinct, meaning that even if an individual is not retried, Section 11(h) is triggered if there is an attempt to retroactively increase the punishment after the matter has been resolved.
It is important to note that double jeopardy protections come into effect only after an individual has been convicted or acquitted of a crime. For instance, if an acquittal is overturned on appeal, the new trial is not considered double jeopardy because it effectively annuls the first trial. Similarly, if a court of appeal substitutes an acquittal for a conviction due to a trial judge's error in law, this is not considered double jeopardy as it is deemed a continuation of the original trial.
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It also prevents the unwarranted harassment of an accused by multiple prosecutions
Double jeopardy laws in Canada are designed to protect individuals from being tried or punished for the same offence twice. This is a fundamental principle of the Canadian justice system, enshrined in Section 11(h) of the Canadian Charter of Rights and Freedoms, as well as in the Criminal Code and common law. The purpose of this protection is to prevent the "unwarranted harassment of an accused by multiple prosecutions".
The concept of double jeopardy is based on the broader principle of res judicata, which means that a matter that has been decided between two parties cannot be pursued further by those same parties. In the context of criminal law, this means that once a person has been acquitted or convicted of an offence, they cannot be tried again for the same crime. This protection applies even if new evidence is discovered or if there are issues with the original trial, such as errors in law.
In Canada, the prosecution is allowed to appeal an acquittal, but if the acquittal is overturned and a new trial is ordered, this is not considered double jeopardy because it is seen as a continuation of the original trial. Similarly, if a person is convicted of a crime and the prosecution appeals for a stronger sentence, this is also not considered double jeopardy, as it is still part of the same case.
The Supreme Court of Canada has clarified the scope of Section 11(h) in cases such as R. v. Whaling and R. v. Morgentaler, emphasising the distinct rights not to be tried twice and not to be punished again for the same offence. The Court has also analysed the common law and statutory rules against double jeopardy, noting that they are separate from, but also enshrined under, Section 11(h).
While double jeopardy protections are strong in Canada, there may be rare exceptions. For example, in certain extreme cases, a judge may rule to reopen a case based on new and compelling evidence, but this must be done sparingly and with care. Additionally, in some countries, there are specific exemptions to double jeopardy, such as in Scotland, where a new trial can be initiated if the acquitted individual makes a credible admission of guilt. However, in Canada, any exceptions or infringements on double jeopardy protections would need to be carefully navigated within the constitutional framework.
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The Crown prosecutor should make their best case during the initial trial
In Canada, the Crown prosecutor should make their best possible case during the initial trial. While the prosecutor can appeal an acquittal, the new trial is not considered double jeopardy only if it annulled the first trial. The Crown is also precluded from relitigating an issue that has been determined in the accused’s favour in a prior criminal proceeding.
The Canadian Charter of Rights and Freedoms has provisions that protect Canadians from double jeopardy. Section 11(h) of the Charter guarantees everyone the right, if finally acquitted of an offence, not to be tried for it again and, if found guilty and punished, not to be tried or punished for it again. This is often referred to as protection against double jeopardy. The right not to be placed in jeopardy for the same offence twice is a fundamental principle of the Canadian justice system.
Double jeopardy is a constitutional right in Canada, preventing the courts from trying someone for the same crime on both federal and state legislation. It helps the accused avoid double charges for one offence and prevents them from being tried twice for the same offence. In rare circumstances, a judge may rule to reopen a case based on new evidence being presented. However, this must be done sparingly and with care, as exceptional circumstances must be present.
The concept of double jeopardy arises from res judicata, a Latin term referring to a matter that has been decided between two parties. In the legal system, res judicata refers to a matter that has been settled by a competent court and cannot be pursued further by the same parties. The Kienapple principle, based on the broader principle of res judicata, states that a conviction cannot be registered on a charge if there has been a conviction on another charge based on the same delict or cause.
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In rare cases, a judge may rule to reopen a case based on new evidence
Double jeopardy is a concept in Canadian law that prevents an accused person from being tried twice for the same crime. It is a fundamental principle of the Canadian justice system, enshrined in Section 11(h) of the Canadian Charter of Rights and Freedoms. This section guarantees the right of an individual, if finally acquitted of an offence, not to be tried for it again and, if found guilty and punished, not to be tried or punished for the same offence again.
The principle of double jeopardy also exists in common law and statutory law, with specific rules applied differently despite their common origin. For instance, the Kienapple principle, based on the broader principle of res judicata, states that a conviction cannot be registered on a charge if there has been a conviction on another charge based on the same cause or delict.
While double jeopardy protects Canadians from being tried twice for the same crime, there are rare instances where courts may exercise their constitutional right to prosecute for the same crime twice. This could occur when new and compelling evidence is discovered, or if the acquittal was tainted, for example, by witness intimidation or jury tampering.
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Frequently asked questions
Yes, the Canadian Charter of Rights and Freedoms has provisions that protect Canadians from double jeopardy.
Double jeopardy is a principle that prevents the courts from trying someone for the same crime on both federal and state legislation. It also prevents someone from being tried twice for the same offence.
In Canada, the prosecution is allowed to appeal an acquittal. If the acquittal is thrown out, the new trial is not considered double jeopardy because it annulled the first trial. It is considered double jeopardy when there is a pursuit of a new set of trials against the accused, rather than a continuation of a trial or criminal proceeding, such as an appeals process.
The purpose of double jeopardy is to protect against double punishment for the same acts, as well as the unwarranted harassment of an accused by multiple prosecutions.
