QUICK TAKEAWAY
Plea Options: Those charged with a criminal offence in Canada have the right to represent themselves in court and one of the first steps at the first appearanceA procedural step do determine next steps is to enter a plea of guilty or not guilty. There are advantages to both. A person can only be convicted if the Crown proves the essential elements of the charge against them beyond a reasonable doubt. Before making a plea, the defendant should review the disclosure and the evidence the Crown will use against them and consider the consequences of their admission. Benefits of a guilty plea include reduced punishment, dropping related charges, and lower legal fees. If pleading not guilty, a trial will occur. Changing a plea is possible, but more challenging to change a guilty plea to not guilty.
Table of Contents:
What are My Plea Options?
In Canadian courts, you can only plead guilty or not guilty, as our courts never find anyone “innocent” of a crime. The difference is that a “not guilty” finding means the Crown did not prove beyond a reasonable doubtThe standard that must be exceeded to find someone guilty that you committed the crime. You do not need to give any explanation of why you are pleading a certain way.
Keep in mind that every person charged with an offence is presumed to be innocent. The Crown does not require proof to an absolute certainty but to a level of proof far beyond the “balance of probabilities” that is the standard of proof in civil cases.
If you refuse to plead guilty or not guilty, the court will decide that you have pled not guilty and there will be a trial.
What are the Essential Elements?
You can only be convicted of a crime if the Crown proves the essential elements of the charge against you beyond a reasonable doubt. The two key elements are that you actually committed an illegal action (actus reus A "criminal act") and that you were aware it was an illegal action (mens reaHaving criminal intent, knowledge, or recklessness). Before your trial, you may ask the judge or justice of the peace to review the essential elements of the charge against you. That will allow you to understand what the Crown must prove.
SLRs Have You Reviewed the Disclosure?
As a self-represented litigant (SRL) you need to carefully consider how you will plead and the consequences of that decision. The information in the disclosureRelevant information that the Crown haa concerning your case – the evidence the Crown will use against you in trial – will play an important role in your decision.
Before accepting a guilty plea, the judge or justice of the peace will want to know that you have reviewed the disclosure, had an opportunity to receive legal advice and are aware of the Crown’s position about what sentence is being sought.
After you have been given your disclosure and the time to review it, you will be asked if you have decided how you want to plead. If you are not ready to enter a plea at this time, tell the court why you need more time.
What If I Plead Guilty?
Before you decide to plead guilty, be sure that you understand the elements of the charge you are facing. You also need to think about the consequences of that admission. A criminal record may affect your immigration status, future employment possibilities and the ability to travel outside of Canada. Additionally, some crimes carry minimum sentences, regardless of your circumstances. Almost all offences have a maximum sentence. Find out before entering a guilty plea. The benefits of pleading guilty can sometimes outweigh the disadvantages.
Benefits include:
- it is a mitigating factor in sentencing, leading to a less-severe punishment or time behind bars;
- the Crown may drop related charges;
- your legal fees will be minimized;
- the case will be wrapped up quicker than going to trial; and
- you will not have to spend time waiting for the trial.
What if I Plead Not Guilty?
If you plead not guilty, there will be a trial.
What if I Want to Change My Plea?
It is always possible to change a not-guilty plea to guilty. If the trial date is already set, notify the provincial Crown Attorney’s Office as soon as possible. Changing a guilty plea to non-guilty is much more difficult, and the judge has the option to refuse your request.
Glossary of Legal Terms
Actus reus
Latin for "guilty act" and one of the two elements of a crime the Crown must prove beyond a reasonable doubt to win a conviction.
Disclosure
An accused person has the right to the disclosure of all relevant information in the possession of the Crown, with the exception of privileged information. This typically occurs before the accused has to decide whether to enter a plea of either guilty or not guilty.
Mens rea
Mens rea refers to having criminal intent, knowledge, or recklessness since the person is aware of their misconduct. The literal translation from Latin is "guilty mind." The Crown needs to show that the accused had mens rea to win a conviction.
Reasonable doubt
The Supreme Court of Canada has said that reasonable doubt “falls much closer to absolute certainty than to proof on a balance of probabilities” and “that something less than absolute certainty is required, and that something more than probable guilt is required."
