R. v. Anthony-Cook: When a Judge Can Reject a Plea Deal
Most criminal cases end with a guilty plea, often with the Crown and defence agreeing on a joint submission about the sentence. In R. v. Anthony-Cook, 2016 SCC 43, the Supreme Court of Canada set a high bar for a judge to reject that agreement, because the certainty of joint submissions is essential to the justice system.
- A judge should not depart from a joint submission unless the sentence would bring the administration of justice into disrepute or otherwise be contrary to the public interest.
- That is a stricter test than asking whether the sentence is fit.
- If a judge is considering rejecting it, they must tell the parties and let them explain.
- The same principles have been applied in provincial offence cases.
The case
Mr. Anthony-Cook pleaded guilty to manslaughter, and the Crown and defence jointly proposed a sentence of 18 months. The sentencing judge rejected it and imposed a longer sentence. The Supreme Court held that the judge applied the wrong test and restored the joint submission.
Why joint submissions matter
- They give accused people the certainty to plead guilty, sparing victims and witnesses from testifying.
- They save court time, which helps every other case move faster.
- If judges rejected them often, fewer people would plead guilty, and the courts would slow down.
In traffic court
In provincial offences court, a defendant and the prosecutor can often agree to a plea to a lesser charge or a set fine, for example at an early resolution meeting. Justices of the peace give such agreements significant weight, though they still have to be satisfied the plea is proper.
Licensed paralegals in Ontario can defend provincial offences, such as Highway Traffic Act charges, and some less serious summary conviction criminal matters permitted by the Law Society. More serious criminal charges need a criminal lawyer.
Photos from Pexels: A law book beside the scales of justice on a wooden desk · The scales of justice beside a laptop.
This article is general information for people in Ontario, not legal advice. Rules, forms and deadlines change, and every situation is different. Check the current rule or speak to a licensed legal professional before you act.
Not sure where you stand? A licensed paralegal can look at your documents and tell you your options.
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