this post was submitted on 25 Jul 2025
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Section 11(c) of the Charter of Rights and Freedoms confirms that defendants cannot be compelled to testify in their own matter. It's Canada's verision of the right to remain silent.
A witness can be compelled to testify however their testimony can't be used against them in other proceeding except for prejury charges. This is found in section 13 of the Charter.
Ultimately, it's up to the Crown to prove their case. It all comes back to being innocent before proven guilty. Section 11(d) of the Charter.
If you were to flip it all around, you would be considered guilty until proven innocent, you would always have to testify, and any witnesses that could help you would be open to being charged. In that scenario, good luck at not ending up in jail. The vast majority of defendants don't have the resources to take on the State in a criminal matter.