349. Presumptions adverse to the defendant.

Factors relevant to the reasonableness and proportionality of provisions imposing an evidential or legal onus on the defendant1 include the degree of respect accorded to the rights of the defence at trial, the opportunity given to the defendant to rebut the presumption, the flexibility in application of the presumption, the retention by the court of a power to assess the evidence, the importance of the issues at stake and the difficulty which a prosecutor may face in the absence of a presumption2. The following have been held not to breach the presumption of innocence3:


    (1)     a requirement that a