Guilty Plea Checklist

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Checklist

Court Procedure

1. set out timeline of how the decision to change plea had occurred (*mostly relevant for a day-of-trial, change of plea)
2. identify notice to accused or counsel of counts and range of penalties
3. identify any disputes of facts
4. identify opportunity for accused to seek ILA as needed.
5. file ASF that was signed and counter-signed.
6. read in facts
7. confirmation that the facts are agreed upon.

606 Inquiry

• you understand that pleading guilty means you are giving up right to trial, including the opportunity to advancing any legal defences
• you understand that pleading guilty means you are giving up right of appeal for pre-trial rulings
• you

UNDERSTAND WAIVED RIGHTS

• ☐ Waiver of right to a trial, including a jury trial for indictable offences
• ☐ Waiver of the presumption of innocence
• ☐ Waiver of the Crown burden to prove the essential elements of the offence beyond a reasonable doubt
• ☐ Waiver of right to challenge procedure, including all procedural Charter rights
• ☐ Waiver of all rights of appeal, except appeal of the sentence
• ☐ Limited waiver of the right to bail

RETAINED RIGHTS

• ☐ Right to dispute the facts as they are alleged outside of bare essential elements of proof
• ☐ Right to dispute penalties advanced by the Crown
• ☐ Personal right to review full disclosure (ie. all relevant materials)
• ☐ Right to address the judge before sentence is passed
• ☐ Right to apply for a Pardon (select offences)

ANALYSIS OF CASE WITH CLIENT BEFORE ENTERING PLEA

• ☐ Opportunity to review all relevant materials
• ☐ Explain of essential elements of the offence
• ☐ Aware of all defences that have an “air of reality”
• ☐ Review Agreed Statement of Fact (if any)
• ☐ Discuss Merits of the Crown and Defence cases
• ☐ sufficient time to review the evidence, elements of proof and defences

INFORM CLIENT BEFORE ENTERING PLEA

• ☐ Aware that judge has final say on sentence, including ancillary orders, etc.
• ☐ The plea must be voluntary (not oppressive or coerced)
• ☐ The plea must be unconditional and unequivocal
• ☐ Position of the Crown on penalty (if known)
• ☐ Procedure for Guilty Plea, including inquiry from judge under s. 606(1.1)

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DIRECT CONSEQUENCES OF SENTENCING

• ☐ Crown right to seek revocation of bail upon finding of guilt
• ☐ Maximum penalty for each count and possibility of consecutive penalties per count
• ☐ Available and unavailable sentencing options (e.g. discharges or conditional sentence orders)
• ☐ Maximum and minimum penalties for the offences
• ☐ Expected ranges
• ☐ Potential Ancillary Orders including:
  • ☐ Weapons Prohibition
  • ☐ Section 161 Order
  • ☐ Driving Prohibition
  • ☐ Forfeiture of property seized
  • ☐ SOIRA Sex Offender Registry
  • ☐ DNA Order
  • ☐ Victim Fine Surcharge
  • ☐ Restitution, as part of probation or as “stand-alone”
  • ☐ Fine-in-Lieu of Forfeiture including penalties in default
• ☐ Also discuss the duration of the order and the ability to terminate the order early.
• ☐ The possibility of Crown seeking a Long-Term Offender Order or a Dangerous Offender Order

OTHER CONSEQUENCES OF GUILTY PLEA

• ☐ Potential of movement of offender between jails or even out of province in federal penitentiary
• ☐ Immigration consequences, including deportation upon completion of term of custody
• ☐ Provincial Motor Vehicle Act consequences and effect on insurance premiums
• ☐ Provincial Sex Offender registry
• ☐ Restrictions on international travel
• ☐ Impact family court proceedings (custody and access to children; apprehension of children)
• ☐ Impact on civil lawsuit proceedings
• ☐ Impact on employment, including professional licensing
• ☐ Impact on education program eligibility
• ☐ Effect on retention of youth criminal record

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See Also

• Guilty Plea Checklist (Google Docs)
  • Ontario Legal Aid Guilty Plea Checklist (pdf form)