Accused
The accused is the person formally charged with a criminal offence in Canada. The term is used from the moment charges are laid — typically when an information is sworn before a justice of the peace — until the case is resolved by acquittal, conviction, withdrawal, stay, or other final disposition. After conviction, the accused is more often referred to as the offender.
Although the accused has been charged, they are presumed innocent under section 11(d) of the Charter of Rights and Freedoms until proven guilty beyond a reasonable doubt. That presumption is not a formality — it shapes every aspect of how the case is run, from the Crown's burden of proof to the rules of evidence.
The criminal lawyers at Mass Tsang LLP represent the accused at every stage — from arrest and bail through trial and, where necessary, appeal. For a broader picture of how a criminal case unfolds, see our comprehensive guide for the accused.
Rights of the accused
An accused person in Canada has constitutional rights at every stage of the process. On arrest or detention, the accused has the right to be told the reason, to retain and instruct counsel without delay, and to remain silent. At trial, the accused has the right to make full answer and defence, to confront the witnesses against them, and to a fair and public hearing within a reasonable time. The accused cannot be compelled to testify and cannot be drawn into self-incrimination.
Accused vs. defendant
Canadian criminal procedure uses "accused" rather than "defendant." The civil counterpart — a person sued in a civil action — is the defendant. Mixing the two is a common error in informal writing but carries important procedural distinctions.
Related glossary terms
