In Canada's criminal justice system, not every case ends with a trial. Most don't. The reality is that plea bargains—also known as plea agreements or plea deals—are a common part of how criminal charges are resolved. They're not shortcuts, and they're not always favourable, but when handled properly, they can be a strategic legal tool.
Years ago, the Supreme Court of Canada ruled that prosecutors have the discretion to withdraw from a plea bargain, even after it has been offered—so long as the withdrawal is justified. That decision clarified the weight and limits of these agreements and highlighted the risks for accused persons.
If you're facing criminal charges in British Columbia, it's important to know what a plea bargain really means. Below, we break down the concept, the plea negotiation process, the practical benefits and drawbacks, and what role a defence lawyer plays.
What Is a Plea Bargain in Canada?
A plea bargain is a negotiated agreement between the Crown and defence counsel, where the accused agrees to plead guilty to a criminal or regulatory offence in exchange for some form of benefit—usually a reduced charge, a more lenient sentence, or a dropped charge.
Plea bargaining is a widely accepted practice within the Canadian criminal justice system, though it does not have a formal legislative framework. Instead, it operates as a product of convention and practice. The trial judge is not a party to the deal, but the court must ultimately accept the agreement for it to be binding.
What many people don't realize is that a plea bargain is not automatic, and it's not guaranteed to be honoured unless the court agrees it's in the interest of justice. That's where the experience of defence counsel becomes essential.
Types of Plea Bargains in Criminal Cases
There are three common types of plea bargains in Canadian criminal law:
- Charge Bargaining – The Crown agrees to reduce the charge (e.g., from assault causing bodily harm to simple assault) in exchange for a guilty plea.
- Sentence Bargaining – The Crown and defence jointly propose a particular sentence (e.g., reduced or no jail time, a fine, or probation). The sentencing judge must still approve the proposed sentence.
- Fact Bargaining – Certain facts are agreed upon or excluded from the record to limit the impact at sentencing.
Why Would Someone Agree to a Plea Bargain?
The plea bargaining process is often driven by practical considerations. An accused person may not want to go through the uncertainty of a trial. Sometimes the evidence is strong and a conviction is likely. Other times, the legal cost, stress, or emotional toll of a lengthy trial can weigh heavily.
A plea agreement can result in:
- A lighter sentence or non-custodial penalty
- Avoidance of a criminal trial
- Certainty in the outcome
- Reduced legal costs
- Closure for victims or families involved
For the Crown, plea deals help manage limited court resources and reduce trial backlogs. For the defence, the focus is on reducing risk and achieving the best possible outcome under the circumstances.
What Are the Risks or Disadvantages?
Plea bargaining isn't a clean solution for every case. It can carry substantial risks, especially when an accused feels pressured to resolve charges quickly or lacks proper legal representation.
Some disadvantages include:
- Waiver of Trial Rights: The moment a defendant pleads guilty, they give up their right to a trial, to challenge the evidence, or to be presumed innocent until proven guilty.
- Criminal Record: Even with a reduced charge, a guilty plea can still result in a criminal conviction, unless the sentence is a discharge.
- Power Imbalance: The Crown often holds more negotiating power, and not all plea discussions occur on an equal playing field.
- Non-Binding Sentences: Judges may reject plea agreements if they find the proposed sentence is not fit, although courts often give considerable weight to joint submissions.
This is why early consultation with a qualified criminal defence lawyer is so important. To not only assess whether a plea deal makes sense given the situation, but also so that the accused person understands exactly what they're agreeing to.
How Are Plea Deals Approved?
All guilty pleas must be made voluntarily, with full knowledge of the consequences, and before a judge in open court. The judge will ask questions to confirm that the defendant admits the facts underlying the offence and understands the rights they're waiving.
If the plea agreement includes a proposed sentence, the judge can either accept it, reject it, or impose a different sentence altogether. In practice, however, there is a legal test that courts must defer to joint submissions unless they would bring the administration of justice into disrepute.
