Plea
A plea is the accused's formal response to the criminal charge. In Canada, the available pleas are guilty, not guilty, and a few specialized pleas (autrefois acquit, autrefois convict, pardon, and special pleas in some indictable matters). The plea is entered at arraignment — at the start of trial in most cases, or at a separate plea hearing for a negotiated resolution. Until a plea is entered, the case is in a procedural pre-plea posture.
Not guilty
A plea of not guilty puts the Crown to its proof. The case proceeds to trial; the Crown must prove every essential element beyond a reasonable doubt; the accused has the right to a fair trial, to make full answer and defence, and to all the protections of the Charter. Not guilty is the default plea in any contested matter and the foundation of the presumption of innocence.
Guilty
A guilty plea is a formal admission of the essential elements of the offence and the underlying facts. It is followed by a sentencing hearing — sometimes immediately, sometimes adjourned. A guilty plea must be: voluntary (not induced by improper pressure); informed (the accused understands the nature of the charge, the consequences, and the rights being given up); and unequivocal (no qualifying admissions or denials). Section 606(1.1) of the Criminal Code requires a plea inquiry to confirm these elements before the plea is accepted.
Special pleas
Several specialized pleas exist for narrow circumstances. Autrefois acquit asserts that the accused has already been acquitted of the same offence — a constitutional protection under section 11(h) of the Charter. Autrefois convict asserts that the accused has already been convicted. Pardon (now rarely used) asserts that a royal or governmental pardon has been issued for the offence. These pleas are jurisdictional and rare in modern practice.
Withdrawing a plea
A guilty plea, once entered, can be withdrawn only with leave of the court and only on demonstrated grounds — typically that the plea was not voluntary, was uninformed, was based on a mistake of fact, or resulted from ineffective assistance of counsel. The threshold is high. Plea withdrawal applications can succeed where the record shows fundamental irregularity, but they are far from automatic.
Strategic timing
When to enter a plea is a strategic decision. Resolving early may yield Crown concessions on election, charges, or facts — but commits before full disclosure review. Resolving late, after extensive negotiation, preserves leverage but may foreclose certain Crown offers. The lawyers at Mass Tsang LLP review each file before recommending any plea strategy.
Related glossary terms
