Most criminal cases in Canada are resolved by guilty pleas

By LegalMatters Staff • A plea bargain is an agreement between the Crown and the accused in a criminal case. A person accused of a crime will agree to plead guilty to lesser or fewer charges than they initially faced in exchange for a more lenient sentence or other concessions.

These agreements  can be initiated by either side and are usually struck before the trial date. However, negotiations can take place during a trial if unexpected evidence emerges to the detriment of either side. The prosecutor and the accused may also engage in plea bargaining during appeals, especially if new information about the case arises or one side believes it has a significant advantage.

Most criminal cases in Canada are dealt with through guilty pleas resulting from agreements reached before a trial. According to the Department of Justice, “only nine percent of the cases coming into the court system are resolved by way of a trial … of the 91 percent of cases that do not go to trial, 41 percent do not result in a conviction; they are withdrawn by the Crown or resolved without a conviction in some other way … 69 percent of these cases are resolved by way of a change of plea to guilty.” For more, click here.