The following excerpt is from Benoît M.R. (Captain, retired), R. v., 2008 CM 1011 (CanLII):
In The Queen v. Starr (2000) 2000 SCC 40 (CanLII), 2 S.C.R. 144, at paragraph 242, Iacobucci J., writing for the majority, said the following: “...an effective way to define the reasonable doubt standard for a jury is to explain that it falls much closer to absolute certainty than to proof on a balance of probabilities.” It is useful, however, to recall that it is virtually impossible to prove something with absolute certainty, and the prosecution is not required to do so. That kind of standard of proof does not exist in law. The prosecution must prove the guilt of Captain (Ret) Benoît only beyond a reasonable doubt.
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