An acquittal is a legal decision that the person who was charged with a criminal offence is not guilty. It’s a full verdict reached after trial if the Crown prosecutor couldn’t prove the accused's guilt beyond a reasonable doubt.
What Happens After an Acquittal
Although deemed not guilty, the person previously charged should consider what may come after.
Immediate Outcome
The immediate legal outcome is no criminal record and no bail conditions, including driving prohibitions. That said, it isn’t always the absolute final word.
Section 11(h) of the Canadian Charter of Rights and Freedoms does protect against being tried twice for the same offence, however, the Crown still has roughly 30 days to appeal. That right is limited to a question of law alone, not simply disagreement with the verdict. An acquittal based on a Charter ruling (a legal issue) is more likely to be appealed than one based only on the judge’s doubts about the evidence (a factual issue).
Travel and Immigration
According to section 36 of the Immigration and Refugee Protection Act, criminal inadmissibility to Canada is built around conviction. This means that withdrawn charges or acquittals generally don’t ban entry.
Still, it’s best to be careful and prepare for the trip beforehand. An acquittal doesn’t bar entry on paper, since American border rules also turn on convictions rather than charges. However, take certified court documents with you to prove the acquittal before making your first trip across the border.
DUI Acquittal
A DUI case rarely turns on just one issue. A few grounds come up again and again.
Charter Violations
Charter violations are often based on the right to counsel, section 10(b), when police don’t offer an opportunity to call a lawyer in time. Other violations may include arbitrary detention and unreasonable search. In order to dissect the case and find these violations, seek help from an experienced DUI lawyer Toronto drivers can trust.
Testing Errors
This can include a mishandled sample or a break in the chain of custody. Challenging the breath machine’s own maintenance records is harder than it used to be. R. v. Gubbins (2018) made those records a separate, third-party request and not an automatic disclosure. If the defence wants them, they must make a formal application to the court and show the records are “likely relevant” to an issue at trial.
No Real Care and Control Risk
DUI acquittals often happen when the Crown can’t show more than mere presence in or near the vehicle. The legal test, from R. v. Boudreault, turns on whether there was a realistic risk the person would actually set the vehicle in motion while impaired. Our care and control page covers how that test gets applied.
Trial Delay
Trial delay, under the R. v. Jordan framework. Unreasonable delay can end a case in a stay of proceedings before it ever reaches a verdict. That’s a different outcome from an acquittal, but it stops the prosecution as well.