To Plead or Not to Plead?

Original article: January 9, 2017 | By Hans 'John' Kalina | Reviewed and updated October 7, 2026

Pleading guilty is a personal decision with serious consequences. It should follow an understanding of the charge, the evidence, available defences and the consequences that matter to your circumstances. Fear, inconvenience or a wish to finish the case quickly should not replace that assessment.

What a guilty plea means

A guilty plea admits the essential elements of the offence and gives up a trial on that charge. The Crown is no longer required to prove the charge at a contested trial. A person should not plead guilty while denying facts necessary to establish the offence or while misunderstanding what is being admitted.

The required mental element depends on the particular offence. It is inaccurate to say that every criminal offence requires an intention to cause the prohibited result, or that forgetting something is always a defence. Counsel should explain the conduct and fault that the Crown must prove, and how the evidence relates to them.

The court’s safeguards

Under section 606 of the Criminal Code, the court may accept a guilty plea only if it is satisfied that the plea is voluntary; the accused understands the admission of the essential elements, the nature and consequences of the plea, and that the court is not bound by an agreement with the prosecutor; and the facts support the charge. The ultimate plea decision belongs to the accused, not counsel.

Before pleading, review the facts the Crown proposes to read into the record. Identify inaccuracies and material disagreements with your lawyer. Do not simply agree to a factual account you do not understand. Negotiated recommendations can provide important certainty, but they must not be confused with an unconditional promise about what the judge will do.

Consequences beyond the sentence

The consequences depend on the offence, sentence, applicable orders and the individual’s status. The following are issues to investigate—not a list of automatic results:

In R. v. Wong, 2018 SCC 25, the Supreme Court explained that an informed plea requires awareness of legally relevant collateral consequences, including serious immigration consequences. A guilty plea should not be assessed only by the proposed jail term or fine. A discharge is also different from a conviction, but should not be assumed to remove every collateral consequence; see Absolute and Conditional Discharges.

What happens at the plea and sentencing hearing?

The charge and plea are placed on the record, the facts supporting the charge are presented, and the court considers whether the plea can properly be accepted. Counsel then address sentence, either that day or after an adjournment. The accused has an opportunity to speak before sentence is imposed. A pre-sentence report or other evidence may be required. The order and timing of these steps can vary; they are not a rigid five-step script.

The judge imposes any sentence and applicable orders. Probation conditions are part of the court’s order, not a new punishment independently selected by a probation officer. A finding of not criminally responsible on account of mental disorder under section 672.34 is a distinct verdict and process; ordinary guilty-plea sentencing is not delegated to the Ontario Review Board.

Understand the proposed sentencing position

Ask whether the parties have a genuine joint recommendation on the entire sentence or whether sentencing remains contested. Why Courts Should Accept Joint Submissions explains the strong protection for a joint submission and its limits. An agreement about some issues or a Crown sentencing range is not necessarily a joint submission.

Can a guilty plea later be withdrawn?

Withdrawal or an appeal is not available merely because the sentence is disappointing or the accused changes their mind. The legal basis, evidence, procedure and timing must be assessed. In Wong, the Court required an accused relying on an unknown legally relevant consequence to establish a reasonable possibility that they would have proceeded differently, supported by evidence. Do not assume the plea can simply be undone later; obtain advice promptly if a problem is identified.

Questions to discuss before deciding

Related guidance

For advice about your circumstances, contact our office. This article provides general information, not legal advice.