plea bargaining

Truth vs. Fairness in Sentencing: Lessons from R v Di Paola

In the decision of R v Di Paola, 2025 SCC 31 the Supreme Court of Canada examined how s. 725(1)(c) of the Criminal Code should be interpreted during sentencing. The issue was whether a sentencing judge may consider, as aggravating factors, facts that could constitute a separate offence when that charge has already been laid but is no longer pending and has no rendered verdict. The Court’s decision clarifies both the scope of this provision and the Crown’s duty of fairness in presenting aggravating facts during sentencing.

Rejection of Joint Plea Deal Leaves Many Questions Unanswered: Matthew John Anthony-Cook v Her Majesty the Queen

The Supreme Court of Canada (“SCC”) has recently granted leave to appeal of the BC Court of Appeal decision in Matthew John Anthony-Cook v Her Majesty the Queen, 2015 BCCA 22 [Anthony-Cook]. The appellant, Mr. Anthony-Cook, was charged with manslaughter contrary to s. 236 of the Criminal Code, RSC 1985, c C-46. Mr. Anthony-Cook is […]

Supreme Court Sets High Bar for Prosecutorial Abuse of Process: R v Babos

In R v Babos, 2014 SCC 16 [Babos], the issue was whether the Crown misconduct, in the form of intimidation and threats, was severe enough to warrant a stay of proceedings for the accused. A 6-1 majority of the Supreme Court of Canada (SCC) has held that prosecutorial misconduct or abuse of process must be […]