Plea of Not Guilty and Other Pleas
| This page was last substantively updated or reviewed December 2022. (Rev. # 98701) |
Introduction
Besides a plea of guilty, there exist pleas of "not guilty", "autrefois acquit", and "autrefois convict".
Plea of Not Guilty
The plea of "not guilty" will encompass any plea alleging a defence other than autrefois acquit or autrefois convict. Section 613 states:
In addition to substantive defences, this plea will also cover pleas of:
- Kienapple / res judicata
- Issue Estoppel (see below)
- Refusal to Plead
Where an accused refuses to make a plea or otherwise does not answer the question of plea, the presumption is that a plea of not guilty will be entered into the record (s. 606(2)).
Res Judicata and Related Pleas
Other Special Pleas
Nolo Contendre
A plea of nolo contendre (latin for “I am unwilling to contest”) is a plea recognized in US law, but does not have any foundation in Canadian criminal law. It is prohibited by virtue of s. 606(1) which lists all valid pleas.[1] A guilty plea that in substance amounts to a plea of nolo contendre will be invalid.[2]
That being said, there is a "functionally equivalent" process where the accused admits the Crown's case and invites a verdict without calling evidence.[3] This can take the form of an agreed statement of fact, admission of photographs, accused statements or other forms of evidence.[4]
Where such a process is undertaken, the judge should conduct an inquiry into the understanding of the accused of the consequences of not contesting the evidence. The inquiry should be similar to the inquiry of a guilty plea[5]
- ↑ R v RP, 2013 ONCA 53 (CanLII), 295 CCC (3d) 28, per Watt JA, at para 38
- ↑ RP, ibid.
- ↑
R v Anderson, 2021 ONCA 333 (CanLII), at para. 53 <https://canlii.ca/t/jfztt#par53>
R. v. Simpson-Fry, 2022 ONCA 108 (CanLII), at para 11, <https://canlii.ca/t/jm84p#par11>
- ↑ e.g. Simpson-Fry at para 21
- ↑
Anderson at para 54
Lopez-Restrepo, at para. 27
Special Plea for Defamatory Libel
See Defamatory Libel (Offence)
Not Guilty Plea By Young Persons
36
[omitted (1)]
- When young person pleads not guilty
(2) If a young person charged with an offence pleads not guilty to the offence or pleads guilty but the youth justice court is not satisfied that the facts support the charge, the court shall proceed with the trial and shall, after considering the matter, find the young person guilty or not guilty or make an order dismissing the charge, as the case may be.