Editing Burden of proof (law) (section)

=== Air of reality ===
<!-- [[Air of reality]] redirects here -->
{{see also|R v Cinous}}

The "air of reality" is a standard of proof used in [[Canada]] to determine whether a criminal defense may be used. The test asks whether a defense can be successful if it is assumed that all the claimed facts are to be true. In most cases, the burden of proof rests solely on the prosecution, negating the need for a defense of this kind. However, when exceptions arise and the burden of proof has been shifted to the defendant, they are required to establish a defense that bears an "air of reality". Two instances in which such a case might arise are, first, when a ''[[prima facie#Burden of proof|prima facie]]'' case has been made against the defendant or, second, when the defense mounts an [[affirmative defense]], such as the [[insanity defense]]. This is similar to the concept of [[summary judgment]] in the United States, though not identical.<ref>Celotex Corp. v. Catrett, 477 U.S. 317</ref>