A reverse onus clause is a provision within a statute that shifts the burden of proof on to the individual specified to disprove an element of the information. Typically, this provision concerns a shift in burden onto a defendant in either a criminal offence or tort

Tort

A tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else. It is differentiated from a crime, which involves a breach of a duty owed to society in general...

 claim. For example, the automotive legislation in many countries provides that any driver who hits a pedestrian has the burden of establishing that they were not negligent.

Canada

Reverse onus clauses can be seen in the Criminal Code of Canada

Criminal Code of Canada

The Criminal Code or Code criminel is a law that codifies most criminal offences and procedures in Canada. Its official long title is "An Act respecting the criminal law"...

, where the accused must disprove an imposed presumption. These sorts of provisions are contentious as they almost always violate the presumption of innocence

Presumption of innocence

The presumption of innocence, sometimes referred to by the Latin expression Ei incumbit probatio qui dicit, non qui negat, is the principle that one is considered innocent until proven guilty. Application of this principle is a legal right of the accused in a criminal trial, recognised in many...

 protected under section 11(d)

Section Eleven of the Canadian Charter of Rights and Freedoms

Section Eleven of the Canadian Charter of Rights and Freedoms is the section of the Canadian Constitution's Charter of Rights that protects a person's legal rights in criminal and penal matters. This includes both criminal as well as regulatory offences, as it provides rights for those accused by...

 of the Canadian Charter of Rights and Freedoms. The only way that such a provision can survive Charter scrutiny is if it can be justified under section 1

Section One of the Canadian Charter of Rights and Freedoms

Section One of the Canadian Charter of Rights and Freedoms is the section of the Charter that confirms that the rights listed in that document are guaranteed. The section is also known as the reasonable limits clause or limitations clause, as it legally allows the government to limit an...

.

The Supreme Court of Canada has struck down a number of reverse onus provisions. The first and most famous of them was the striking down of section 8 of the Narcotics Control Act in the decision of R. v. Oakes

R. v. Oakes

R. v. Oakes [1986] 1 S.C.R. 103 is a case decided by the Supreme Court of Canada which established the famous Oakes test, an analysis of the limitations clause of the Canadian Charter of Rights and Freedoms that allows reasonable limitations on rights and freedoms through legislation if it can be...

. The Supreme Court in the decision of R. v. Laba

R. v. Laba

R. v. Laba, [1994] 3 S.C.R. 965 is a leading Supreme Court of Canada decision on the presumption of innocence under section 11 of the Canadian Charter of Rights and Freedoms and the limitations provision under section 1.-Background:...

(1994) struck down section 394(1) of the Criminal Code that required a person who sold or purchased rocks containing precious metals to prove that they did so lawfully.

In reaction to the number of shootings in Toronto

Toronto

Toronto is the provincial capital of Ontario and the largest city in Canada. It is located in Southern Ontario on the northwestern shore of Lake Ontario. A relatively modern city, Toronto's history dates back to the late-18th century, when its land was first purchased by the British monarchy from...

 and as part of his 2006 election campaign, Paul Martin

Paul Martin

Paul Edgar Philippe Martin, PC , also known as Paul Martin, Jr. is a Canadian politician who was the 21st Prime Minister of Canada, as well as leader of the Liberal Party of Canada....

 proposed amending s. 515(1) of the Criminal Code so that there would be a reverse onus in bail proceedings for those accused with gun-related crimes.

Jurisprudence

The concept of reverse onus is a shift in burden of proof with the presupposition that the applicant (usually prosecution) will be granted their application by the courts. The onus is on the respondent to make a reasonable application of the rule of law with which the application is incompatible.