Updated: November 05, 2025
Legally Reviewed by Cory Wilson

If you are charged with a criminal offence in Canada, one option is to enter a guilty plea, which is a formal admission of guilt for the criminal allegations against you.

Pleading guilty should never be done without legal advice. While there are often better legal options, in some cases a guilty plea can be beneficial—for example, when it may result in a reduced charge or lighter sentence.

Let’s explore more about entering a guilty plea, what it means under the Criminal Code of Canada, and why other options may be better for protecting your future.

What is a guilty plea?

The Criminal Code of Canada does not explicitly define “guilty plea.” However, the term describes a formal statement made in court by an accused person admitting to the essential elements of an offence and accepting legal responsibility for it.

A guilty plea has serious and immediate legal consequences, including a criminal record. Ultimately, pleading guilty will result in a conviction either for the offence originally charged or a lesser charge. The resulting criminal record can lead to long-term issues with employment, housing, education, travel, immigration status, and more.

However, in some cases, entering a guilty plea for a lesser charge can be a beneficial legal strategy when plea bargaining.

What are the legal requirements for a valid guilty plea?

The Criminal Code Section 606(1.1) sets out the legal requirements that must be satisfied for a guilty plea to be valid and accepted by a court, namely:

1. The plea must be voluntary.
2. The accused must understand the nature and consequences of the plea.
3. The plea must be an admission of all essential elements of the offence.

The judge must ensure these conditions are met before accepting the plea. If the guilty plea is entered as part of a plea agreement between the prosecution and defence, the judge will review the proposed agreement but is not bound by it. The judge has final authority to accept or reject any sentencing recommendation.

If the judge approves the plea agreement, a sentence may be imposed immediately during the hearing. However, the judge may also set a later date for sentencing—for example, to review a pre-sentence report, consider victim impact statements, or further assess the circumstances of the offence.

What is the court process when entering a guilty plea?

It is highly inadvisable to enter a guilty plea without first seeking legal advice and exploring all of your legal options with a qualified criminal defence lawyer.

You will receive your disclosure at your first court appearance. This contains the information that the police and the Crown have collected on your case. It must be carefully examined by a legal professional before you can make an informed decision on your plea. The disclosure’s screening form tells you whether or not the Crown will ask for a jail sentence if you plead guilty or if you’re found guilty after a trial—often a key consideration before entering a plea.

If you decide to proceed with entering a guilty plea, your criminal defence lawyer will explain the process and guide you through the court hearing. The process is generally as follows:

• The accused is arraigned and the charge(s) are read in court.
• The accused (through counsel) enters a plea of guilty.
• The judge conducts a plea inquiry to confirm the plea is informed, voluntary, and unequivocal.
• The agreed statement of facts is read aloud and confirmed by the accused.
• The Crown presents its sentencing position, possibly with a joint submission.
• The judge imposes a sentence immediately or schedules a separate sentencing hearing.

How sentencing works after entering a guilty plea

After a guilty plea is entered, the judge considers the facts, circumstances, and case law. The role of mitigating and aggravating factors will also be considered.

In relatively straightforward cases, the sentence may be handed down after the guilty plea is entered (in the same hearing). If the judge needs to consider other factors, sentencing will be at a later date.

While the Crown and defence may make sentencing submissions or present a joint recommendation, the final sentencing decision ultimately rests with the judge.

When sentencing, the judge will consider the severity of the offence, prior criminal record (if any), the degree of remorse shown, and whether proactive steps have been taken to prevent reoffending.

Sentencing options include incarceration, probation, fines, an absolute or conditional discharge, a suspended sentence, a conditional sentence, or an intermittent sentence.

Why a defendant might choose to plead guilty

No admission of criminal guilt should be made lightly. The Crown prosecution must prove guilt beyond a reasonable doubt to secure a conviction—and this can be challenging in many cases. If there is any doubt, a judge or jury must find the accused not guilty.

However, after consultation with a criminal defence lawyer, several practical and strategic reasons might make a guilty plea the best option for a defendant, such as:

• Particularly strong evidence against the accused and little chance of a case dismissal or acquittal.

• Desire to demonstrate remorse or take responsibility to limit the consequences.
• Avoidance of the emotional, financial, and time costs of a trial.
• A potential reduced sentence or plea to a lesser offence.

Advantages and disadvantages of a guilty plea

Let’s explore the main potential pros and cons of entering a guilty plea.

Advantages

• May result in a more lenient sentence (though this is far from guaranteed).
• Can show cooperation, remorse, and save the victim from having to testify.
• Speeds up resolution and reduces legal costs.

Disadvantages:

• Results in a criminal conviction.
• Gives up the right to a trial and to challenge evidence.
• Consequences can affect employment, travel, and reputation.
• The prosecution doesn’t have to prove the accusations.

Why speak to a criminal defence lawyer before entering a guilty plea?

Entering a guilty plea is a serious legal step with lasting ramifications. At the very least, an initial consultation with a criminal defence lawyer is advisable.

A seasoned criminal defence lawyer will help you:

• Review the evidence and determine if a viable defence exists.
• Potentially negotiate with the Crown for a reduced charge or better sentencing position.
• Ensure the accused understands all consequences.

Call us to arrange a confidential consultation

To speak with Cory Wilson or arrange a free, no-obligation consultation with Wilson Criminal Defence, call 403-978-6052 or email us here.