Note: Specimen jury instructions serve as a template that trial judges must adapt to the particular circumstances of each trial, not simply read out in whole. They are not designed to be delivered "as-is." More information about the use of specimen instructions is found in the Preface and A Note to Users, which you can find here.
[1]The Crown will present its evidence first because it has the burden of proving the charge. Before presenting evidence, the Crown may make an opening address.
[2]After the opening address, the Crown will call witnesses to the witness box. Various things may also be filed in evidence as exhibits. Facts that are admitted by the defence may also be part of the Crown’s evidence.
[3]All persons charged with an offence are presumed to be innocent under our law. This means that they do not have to prove their innocence. They do not have to testify or present evidence. The law requires the Crown to prove the charge beyond a reasonable doubt.[19]
[4]If the defence does choose to present evidence, it may also make an opening address.
[5]In making their opening addresses, the lawyers (or (NOA)) may summarize the evidence they intend to present and refer to some principles of law. What they say about the evidence, however, is not itself evidence for you to consider in deciding this case. What they say about the law is only meant to help you understand the issues to which the evidence may relate. I will explain to you which principles of law apply to your decision, and it is your duty to follow my instructions.
[19]This instruction requires modification in reverse onus cases, for example, where the person charged denies criminal responsibility on account of mental disorder.