Former Supreme Court Justice Louise Arbour examines the pursuit of truth within criminal trials, highlighting the complexities of legal concepts and their application in both courtrooms and everyday life.
Former Supreme Court Justice Louise Arbour delves into the complex relationship between criminal trials and the pursuit of truth in her 2024 Horace E. Read lecture.
Arbour, renowned for her extensive career in law, including serving as a justice on the Supreme Court of Canada, the UN High Commissioner for Human Rights, and chief prosecutor for the International Criminal Tribunal for the Former Yugoslavia and Rwanda, grapples with the fundamental question: Is a criminal trial truly a search for truth? She reflects on her own experiences, shaped by her lifelong dedication to the law of evidence and her training to strive for the highest attainable accuracy in capturing reality. Arbour acknowledges the challenges of applying legal concepts, such as the presumption of innocence and the burden of proof, outside the courtroom. She uses examples, like a murderer confessing to a crime witnessed by many, to illustrate how these principles function within the legal system. Arbour emphasizes that the presumption of innocence is not a prediction of outcome but a directive for officials on how to proceed, ensuring fair treatment regardless of the likely guilt of the accused. She highlights the importance of legal safeguards like the right to a lawyer and the right to release before trial, all stemming from the foundational principle of presumption of innocence. Arbour warns against misusing legal concepts in everyday life, as they often lack their intended nuance and purpose outside the courtroom
CRIMINAL JUSTICE TRUTH PRESUMPTION OF INNOCENCE BURDEN OF PROOF LOUISE ARBOUR LAW
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