Exploring Plea Bargains and Deferred Prosecution Agreements in Canadian Law

by | Jul 31, 2023 | Criminal Defence

When you are charged with a criminal offence in Canada, you may be offered a plea bargain or a deferred prosecution agreement (DPA) as a way to resolve your case. These agreements can help you avoid the risks and uncertainties of a trial and can often result in a more lenient sentence. However, they also come with their own set of risks and potential drawbacks. This article will explore the pros and cons of plea bargains and DPAs in Canadian law and provide the information you need to make an informed decision.

What is a Plea Bargain?

A plea bargain is an agreement between the prosecution and the defence in a criminal case. The defendant agrees to plead guilty to lesser or fewer charges than they initially faced in exchange for a more lenient sentence or other concessions. Plea bargains can be offered at any point in the criminal justice process, from the initial charging decision to the eve of trial. They are a standard tool prosecutors use to manage their caseloads, as trials can be time-consuming and expensive.

Pros of a Plea Bargain:

  1. Reduced Charges and Penalties: The most apparent advantage of a plea bargain is that it can result in a reduced charge or sentence, which can be particularly appealing if you face serious charges or a lengthy sentence.
  2. Certainty: With a plea bargain, you know exactly what you are getting into, as the agreement terms are spelled out in advance. This can provide a sense of certainty and closure that is not always possible with a trial.
  3. Reduced Stress: Going through a criminal trial can be incredibly stressful for the defendant and their loved ones. By accepting a plea bargain, you can avoid the stress of a trial and move on with your life.

Cons of a Plea Bargain:

  1. Admitting Guilt: One of the most significant drawbacks of a plea bargain is that you must admit guilt to some of the charges against you, which can have long-lasting consequences.
  2. Limited Options for Appeal: If you accept a plea bargain, you may have limited options for appeal, as you have effectively waived your right to a trial.
  3. No Guarantee of Leniency: While plea bargains are often offered with the promise of a more lenient sentence, there is no guarantee that the judge will agree to the terms of the agreement.

What is a Deferred Prosecution Agreement?

A deferred prosecution agreement (DPA) is a legal agreement between a prosecutor and a defendant in which the defendant agrees to certain conditions in exchange for the charges against them being dropped. DPAs are typically offered in cases where the prosecutor believes that a conviction is likely, but mitigating factors make a traditional prosecution less desirable.

Pros of a DPA:

  1. Avoiding a Criminal Conviction: If you complete the terms of a DPA, the charges against you will be dropped, and you will avoid a criminal conviction on your record.
  2. Customized Conditions: DPAs can be customized to fit your case’s specific circumstances, making them a more flexible and personalized option than a plea bargain.
  3. Less Harsh Consequences: DPAs often have less harsh consequences than criminal convictions, such as community service or restitution, rather than jail time.

Cons of a DPA:

  1. Admitting Guilt: As with a plea bargain, you must admit guilt to at least some of the charges against you to enter into a DPA. This can have long-term consequences, affecting your ability to obtain particular employment or travel to certain countries.
  2. Strict Conditions: DPAs often have strict conditions that must be met to avoid a criminal conviction, such as completing community service or attending counselling sessions. Failing to meet these conditions can result in the charges being reinstated and criminal prosecution proceeding.
  3. Limited Options for Appeal: As with a plea bargain, if you enter into a DPA, you may have limited options for an appeal if you feel that the terms of the agreement were unfair or if you were coerced into signing it.

Applicable Law in Canada

In Canada, plea bargains and deferred prosecution agreements are available as options in criminal cases, although they are not as commonly used as in the United States. The Supreme Court of Canada has recognized the legitimacy of plea bargaining in certain circumstances as long as it does not undermine the justice system’s integrity or infringe upon the rights of the accused. However, Canadian courts have also emphasized the importance of ensuring that plea bargains are voluntary, informed, and not the result of coercion or undue pressure.

Deferred prosecution agreements are a relatively new concept in Canadian law, only introduced in 2018 as part of amendments to the Criminal Code. DPAs are only available in cases involving economic crimes, such as bribery, fraud, or money laundering, and are subject to strict conditions and oversight by the court.

Therefore,

Plea bargains and deferred prosecution agreements can be valuable tools in resolving criminal cases in Canada, but they also come with risks and potential drawbacks. If you are facing criminal charges, you must speak with an experienced criminal defence lawyer to discuss your options and ensure your rights are protected throughout the legal process. By working with a skilled lawyer, you can decide whether a plea bargain or DPA is the right choice for your specific circumstances. If you have been charged with a crime in York Region, Toronto, Oakville, Newmarket, Peel, or Durham, contact a criminal defense lawyer at Kazandji Law today to schedule a consultation and learn more about your options. With the right representation, you can secure a strong defense and achieve the best possible outcome for your case.