What protection is described by Section 11(h) of the Charter?

• A. The right to be sentenced without a trial.
• B. The presumption of innocence.
• C. The prohibition against being tried or punished again after a final acquittal or punishment.
• D. The right to counsel.

Answer: (C)

Section 11(h) protects against double jeopardy. It says you cannot be tried or punished again for the same offense after a final acquittal or a final punishment. This gives finality to judgments and prevents the Crown from subjecting someone to repeat prosecutions or punishments for the same conduct. It’s the reason a person who has been acquitted cannot be retried for that charged offense, and someone who has already been punished cannot be punished again for the same offense. Other rights in the Charter cover different protections, like presumption of innocence or the right to counsel, but they don’t address being retried or punished for the same offense.