Plea deals in Canada are a common but often misunderstood part of the criminal justice process. Many people are surprised to learn that most criminal cases in Canada do not go to trial. Instead, they are resolved through a process known as plea bargaining—a negotiation between the defence and the Crown prosecutor that results in an agreed-upon outcome.
If you or someone you care about is facing criminal charges, understanding how plea deals work in Canada can be essential to making informed decisions. This article explains what plea deals are, how they are negotiated, and the potential benefits and risks involved.
What Is a Plea Deal?
A plea deal, also known as a plea bargain, is an agreement between the accused and the Crown attorney to resolve a criminal charge without a full trial. In most cases, the accused agrees to plead guilty to one or more charges in exchange for some form of benefit. That benefit might be:
- A reduction in the number or severity of charges
- A joint submission on sentencing
- A lighter sentence than might be imposed after a conviction at trial
- An agreement to withdraw other outstanding charges
Plea deals are subject to judicial oversight. The court must be satisfied that the accused is entering the plea voluntarily, knowingly, and with an understanding of the consequences.
Types of Plea Bargains in Canada
There are several types of plea deals commonly used in the Canadian criminal justice system:
1. Charge Bargaining
The Crown agrees to reduce or withdraw certain charges in exchange for a guilty plea to others. For example, the accused might plead guilty to assault in exchange for the Crown withdrawing more serious charges such as assault causing bodily harm.
2. Sentence Bargaining
The accused pleads guilty with the understanding that the Crown will recommend a specific sentence. This could include probation instead of jail time or a reduced period of incarceration.
3. Fact Bargaining
The defence and Crown agree on which facts will be presented to the judge to support the guilty plea. This may limit aggravating factors that could influence sentencing.
4. Hybrid Approaches
In many cases, plea deals involve a combination of charge reductions and sentencing recommendations.
Why Are Plea Deals Used?
Plea deals play a critical role in the Canadian legal system for several reasons:
- Efficiency: Trials are time-consuming and expensive. Plea deals help reduce court backlogs.
- Certainty: Both parties avoid the uncertainty of trial outcomes.
- Proportionality: Accused individuals can take responsibility for their actions and receive an outcome tailored to the circumstances.
- Victim considerations: Avoiding trial can spare victims and witnesses from the stress of testifying in open court.
For many accused persons, a plea deal represents a way to avoid the risk of a longer sentence and resolve the matter with more control over the outcome.
Do Judges Have to Accept Plea Deals?
In Canada, judges are not bound by the terms of a plea deal. While courts generally give considerable weight to joint submissions—when both Crown and defence agree on a proposed sentence—a judge can reject a plea deal if it is not in the public interest or if the sentence is deemed too lenient or too harsh.
However, the Supreme Court of Canada has ruled that judges should only depart from joint submissions in exceptional cases, to maintain the integrity of the plea bargaining process.
What Are the Risks of a Plea Deal?
While plea deals offer many advantages, they also carry certain risks:
- Waiver of trial rights: By pleading guilty, the accused gives up the right to a trial and to challenge the Crown’s evidence.
- Criminal record: A guilty plea usually results in a conviction, which can impact employment, immigration status, and travel.
- Possibility of better outcome at trial: If the evidence against the accused is weak, going to trial might result in an acquittal.
- Pressure to plead: Some individuals feel compelled to accept a plea deal out of fear, even if they are not guilty.
It is crucial that a plea is entered voluntarily and with full understanding of the consequences. Legal advice is essential before entering any agreement.
How Are Plea Deals Negotiated?
The process usually unfolds in the following way:
- The defence lawyer receives and reviews the Crown’s disclosure (evidence).
- The lawyer meets with the Crown attorney to discuss possible resolutions.
- The defence may present mitigating information, such as the accused’s lack of criminal history, employment situation, or willingness to seek counselling.
- If an agreement is reached, it will be discussed with the client and presented to the court.
The accused always has the final say in whether to accept a plea deal.
Can a Plea Deal Be Withdrawn?
In some cases, a plea can be withdrawn before sentencing. This typically happens if the court determines:
- The plea was not entered voluntarily
- The accused did not understand the consequences
- There was a serious mistake in the process
Once a sentence is imposed, it is extremely difficult to undo a guilty plea, which is why getting legal advice beforehand is essential.
Should You Accept a Plea Deal?
Whether to accept a plea deal depends on a range of factors:
- The strength of the Crown’s evidence
- The seriousness of the charges
- The likely outcome at trial
- The impact of a criminal record
- The sentencing risks if convicted
Each case is unique. An experienced criminal defence lawyer can help assess your options and negotiate a resolution that protects your best interests.
Schedule a Free Consultation With Lichtman Law
If you are considering a plea deal or have been offered one by the Crown, don’t make a decision without legal advice. At Lichtman Law, we help clients understand their rights, weigh the risks, and make informed choices about how to resolve their case.
We’ll review your charges, explore all options, and negotiate on your behalf to secure the best possible outcome under the law.
Schedule your free consultation today to speak with an experienced criminal defence lawyer.