Plea bargaining is the negotiation of an agreement between the Crown attorney and the accused. The accused gives up the right to make the Crown prove the case at trial in exchange for the promise of a benefit. 

For example, the Crown can promise the possibility of a lesser sentence by withdrawing some of the charges or by asking the judge that multiple prison sentences be concurrent (served at the same time) rather than consecutive (served one after the other). Plea bargaining means that the accused gives up the right to go to trial and agrees to plead guilty to a lesser charge and therefore may receive a lesser sentence. The judge is not bound by the plea bargain and may not go along with the agreement reached between the Crown and the accused.

Some people feel that a plea bargain speeds up the system and spares the survivors from going through a trial. They wouldn’t have to experience the trauma of giving testimony in court. The case is over more quickly and the lengthy period of uncertainty over the verdict is eliminated. On the other hand, many family members of victims feel “cheated” if there is a plea bargain and that justice has not been done because there has not been a trial. Plea bargaining can be frustrating from the victim’s point of view.

In some provinces, as a result of new victims’ rights legislation, the Crown now consults with victims about plea bargaining, if victims request it. Although the Crown listens to the views of victims, the Crown makes the final decision about the plea bargain. Victims have a voice in the process but not a veto. The Crown explains the decision to the victims and informs them of the outcome of the negotiations.

Mennonite Central Committee Canada. (2011). Getting through the maze: A guidebook for survivors of homicide.