Generally, where there are factual questions that are preconditions to the admissibility of evidence should be on a standard of balance of probabilities. This standard is known as the civil standard as it exclusively used in civil trial cases. The "balance of probabilities" is described as being "more probable than not", "more likely than not", or more technically, the chance of the proposition being true is more than 50%. When a proposition at issue in a case, such as an element of an offence, must be proven, the standard must be reached using the weight of the totality of evidence presented, not on each individual piece of evidence. The US has a fourth standard known as "clear and convincing evidence" which is a middle ground between the two standards, however, this has never been officially adopted in Canada. Rather the accused need only raise a doubt in the evidence. Once a prima facie case has been established by the evidence of the crown, there is no need to prove innocence. Evidence raising a reasonable doubt which is what is required to overcome any other presumption of fact or of law.a balance of probabilities or Proof on a preponderance of the evidence which is the burden of proof on the accused when he has to meet a presumption requiring him to establish or to prove a fact or an excuse.Proof beyond a reasonable doubt which is the standard to be met by the Crown against the accused. Canadian criminal law has three core standards: The standard of proof asks how convinced the trier of fact must be in order to make a finding. General Principles See also: Actus Reus and Mens Rea
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