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February 2008
Current event… A judge must follow certain steps before rejecting a sentence proposed by both lawyers
The Quebec Court of Appeal recently overturned a judge of the Court of Quebec who had refused to impose the sentence that the two lawyers had suggested to him.
The Court of Appeal’s decision was delivered on January 29, 2008. It explains the rules that a judge must follow before rejecting a sentence that both the Crown and the accused have agreed to. In the text that follows, Éducaloi provides an overview of this decision.
What did the Court of Appeal’s judgment say?
After a car accident, the accused was found guilty of criminal negligence causing death. The Crown prosecutor and the accused’s lawyer suggested to the Court of Quebec judge a 22-month sentence of detention to be served in the community. The judge found this sentence too lenient and replaced it with a sentence of 18 months of imprisonment.
According to the Court of Appeal, the sentence suggested by the lawyers was reasonable and the Court of Quebec judge should have given the lawyers the chance to further explain their suggestion. The Court of Appeal then restored the suggested sentence.
Do lawyers often suggest sentences to a judge?
Yes. In criminal law, the Crown prosecutor and the lawyer of the accused can agree on a sentence and suggest it to the judge. This is actually what happens in the vast majority of cases, regardless of whether the accused pleaded guilty or was found guilty after a trial.
When can a judge reject the sentence suggested by both lawyers?
If the suggestion made by both lawyers is reasonable, a judge practically can’t reject it. She can only reject it if the suggested sentence is unreasonable because it is too lenient or too severe.
Does a judge have to follow any steps before rejecting a sentence suggested by both lawyers?
Yes. The Court of Appeal explains that a judge must follow certain rules before rejecting a suggestion made by both lawyers and imposing a sentence that he considers appropriate.
First, the judge must tell the lawyers that he is rejecting their suggestion and explain his reasons for doing so. He must also give them the chance to respond. The lawyers can then provide the judge with further explanations and explain the reasons that led them to the suggestion. After following these steps, the judge can give his decision and impose a sentence.
To find out more about how sentences are determined, read our Infosheets:
Possible sentences in Canada
Sentencing in Canada
