Critical Analysis of Plea Bargaining in Canada (From Canadian Criminal Justice System, P 177-199, 1982, Craig L Boydell and Ingrid Arnet Connidis, eds. -- See NCJ-108176)

• NCJ Number: 108183
• Author(s): S N Verdun-Jones; F D Cousineau
• Date Published: 1982
• Length: 23 pages
• Sale Source: Holt, Rinehart and Winston of Canada, Ltd
• Language: English
• Country: Canada

Annotation

This article reviews plea bargaining in Canada and policies and research concerning plea bargaining. It concludes that the plea bargaining system in the United States, with an impartial judge as arbiter, is preferred to the Canadian system.

Abstract

Canadian trial judges are not required by law to review all guilty pleas that come before them. Canadian courts have rarely expressed their views about the merits of plea bargaining because they do not want to interfere with prosecutorial discretion. Therefore, Crown and defense attorneys can plea bargain in virtual secrecy. The court approach to plea bargains has been inconsistent, although plea bargains are most commonly unilaterally repudiated when a Crown attorney appeals against a sentence imposed by the trial judge with the full consent of both counsel. Law journals and professional organizations have only recently begun to tackle the plea bargaining issue. Gaps in current data and a need to devote more attention to empirical research are cited, and recent research findings are reviewed. There are no studies that reveal the percentage of people pleading guilty in any single jurisdiction over a period of time, but there are significant differences in the rate of guilty pleas between different jurisdictions in Canada. Commentators have grossly exaggerated the extent to which Canadian courts rely on plea bargaining as a method of case disposition. The existence of multiple charges increases the likelihood of plea bargaining, except with native Indians. Plea bargaining is most likely to occur with alcohol-related driving offenses. The daily interaction between Crown and defense counsel should be studied to reveal truly accurate data. The Law Reform Commission's recommendation to abolish plea bargaining is not based on empirical research, does not consider the effect of abolishment on the entire criminal justice system, and ignores the potential for bargaining at pretrial settlement or diversion. 84 footnotes.