Plea Bargain
A plea bargain — Canadian courts more often call it a resolution discussion or plea agreement — is a negotiated agreement between the Crown attorney and defence counsel that resolves a criminal case without a contested trial. Far more cases are resolved through plea negotiation than by trial. Some studies estimate that more than 90% of Canadian criminal matters resolve without going through a contested trial.
What can be negotiated
Plea negotiation can address several different elements of a case. Charge resolution: the Crown may agree to withdraw certain counts, reduce a charge to a lesser-included offence, or accept a plea to a related but lower-stakes charge (for example, careless driving rather than dangerous driving). Crown election: on a hybrid offence, the Crown may agree to proceed summarily rather than by indictment, lowering the maximum penalty and limiting collateral consequences. Agreed statement of facts: the parties may agree on a narrowed version of the facts to be read in at the plea — eliminating contested aggravating elements that would otherwise increase the sentence. Sentence position: the parties may agree on a joint sentencing submission or on a defined range, with each side advancing its own position within that range. Peace bond resolution: particularly in domestic and threats matters, the Crown may agree to withdraw charges in exchange for a section 810 peace bond — avoiding a conviction altogether.
Joint submissions
Where the parties agree on a sentence, that joint submission is owed strong deference under R v Anthony-Cook, 2016. The sentencing judge can only depart from a joint submission where accepting it would bring the administration of justice into disrepute. That high bar gives parties confidence that a negotiated resolution will hold up in court.
What a plea bargain isn't
A plea bargain is not a guarantee of any specific outcome. The court retains the discretion to reject the agreement, require additional information, or refuse to accept the plea. The accused must enter the plea voluntarily, with full knowledge of the consequences, and only after receiving proper legal advice. Any plea induced by improper pressure can be set aside.
When a plea bargain makes sense
Resolution can be the right outcome where the evidence is strong, the legal exposure is significant, and the negotiated terms genuinely reduce the long-term consequences. It can also be wrong where Charter issues, evidentiary problems, or available defences point toward a real prospect of acquittal. Strategic judgment about when to negotiate — and when to fight — is at the heart of competent defence work. Mass Tsang's criminal defence lawyers evaluate every case on its facts and merits before recommending any path forward. To see resolution dynamics in action, our blog covers how domestic assault charges can be resolved and how to beat DUI charges.
Related glossary terms
