Plea

How It Works

In Canadian Criminal Law, the plea stage is pivotal, as it is when the Accused person formally responds to the charges. The primary plea options are:

  • Guilty Plea: An admission of all essential elements of the offence, leading to a conviction without a trial.

  • Not Guilty Plea: A denial of the charges, necessitating a trial where the Crown must prove guilt beyond a reasonable doubt.

  • Special Pleas: In certain circumstances, the accused may enter special pleas, such as autrefois acquit (previously acquitted), autrefois convict (previously convicted), or pardon, asserting that they have already been tried or pardoned for the same offence. These are very rare, and generally speaking, pleas are reserved to either “guilty” or “not guilty.”

Procedure for Entering a Plea

  • Arraignment

    The accused is called before the court, the charge is read aloud, and the accused is asked to enter a plea.

  • Entering the Plea

    The accused responds with "guilty," "not guilty," or a special plea.

Requirements for a Valid Guilty Plea:

A court may accept a guilty plea only if satisfied that:

  • The plea is made voluntarily.

  • The accused understands that the plea is an admission of the essential elements of the offence.

  • The accused comprehends the nature and consequences of the plea.

If the accused pleads guilty, a trial is unnecessary, and the court will proceed to sentencing, either immediately or shortly thereafter.

It's crucial for the accused to consult with legal counsel before entering a plea to fully understand the implications and to ensure that their rights are protected throughout the process.

Here Is An Example

In the Canadian Criminal justice system, a plea is the Defendant's formal response to the charges brought against him/her. It can be an important step in resolving a case, often involving negotiations between the Defence and the Crown. To better understand how pleas work, let’s look at a real-life example of how a guilty plea was used in a case of Assault Causing Bodily Harm. This example illustrates the process of negotiating a plea, the potential benefits for the defendant, and how the court may impose a sentence based on the circumstances surrounding the case.

Scenario: Assault Causing Bodily Harm

Defendant: Sarah Jones
Charge: Assault Causing Bodily Harm
Location: Alberta
Date: May 2023

The Case:

Sarah Jones is charged with assault causing bodily harm after an altercation at a local bar in Calgary. During the altercation, Sarah struck another individual, causing the victim to fall and hit their head on the ground, resulting in a concussion. The incident was witnessed by several people, and Sarah was arrested shortly after the incident occurred.

The Plea:

Sarah's lawyer, Ryan Patmore Criminal Defence, reviews the case and sees that there is strong evidence against Sarah, including eyewitness testimony, video surveillance, and medical records of the victim's injuries. However, Sarah has no prior criminal record and was acting in what she claims was self-defence during a heated confrontation, which was initially provoked by the victim.

At Sarah's first court appearance, her lawyer advises her that after some negotiations with the Crown as to triable issues, that the Crown will agree that Sarah can plead guilty to simple assault, which carries less jeopardy. Sarah is advised and agrees to enter a plea of guilty to the charge of assault simpliciter, instead of the more serious charge. Ryan Patmore Criminal Defence suggests that a guilty plea could demonstrate Sarah’s remorse and willingness to take responsibility for her actions, especially since she had no intention to cause significant harm.

Negotiation of the Sentence:

Before the plea is formally entered, Ryan Patmore Criminal Defence negotiates with the Crown prosecutor to arrive at an acceptable resolution. The Crown agrees to recommend a joint submission for a conditional discharge—a sentence that would allow Sarah to avoid a criminal record if she meets certain conditions.

The negotiated conditions include:

  • A 12-month probation period, during which Sarah must complete community service hours and attend anger management counseling.

  • A written apology to the victim, acknowledging the harm caused, which could be presented during the sentencing hearing.

  • No further criminal activity during the probation period, with regular check-ins with her probation officer.

Sentencing:

During the sentencing hearing, the judge accepts the guilty plea and the proposed sentence. The judge commends Sarah for taking responsibility and for her efforts to address the underlying issues that led to the incident. The judge emphasizes the importance of rehabilitation and ensuring Sarah does not re-offend.

When the Crown and the Defence can agree on the sentencing, and demonstrate to the court that both sides have given something up to achieve the resolution (referred to as a ‘quid-pro-quo’), it is rare that a judge will not follow the recommendation. This provides Sarah (or any accused person) with the certainty of the likely outcome, and helps to structure an otherwise uncertain sentencing process.

Outcome:

Sarah is granted a conditional discharge with the outlined terms. She avoids a criminal record, provided she fulfills the conditions of her probation. The sentence reflects her remorse and willingness to make amends, while also offering her the chance for rehabilitation and avoiding the stigma of a criminal record.