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| Patrick J Ducharme |
A Judge is expected to conduct an inquiry to determine that a guilty plea is voluntary. Subsection 606(1.1) provides the conditions for accepting a guilty plea. A court may accept a plea of guilty only if it is satisfied that the accused is making the plea voluntarily and understands that the plea is an admission of the essential elements of the offence; understands the nature and consequences of the plea and that the court is not bound by any agreement made between the accused and the prosecutor. Subsection 606(1.2) provides, however, that the failure of the court to fully inquire whether the conditions set out in subsection (1.1) are met does not affect the validity of the plea.
606(1.1): A court may accept a plea of guilty only if it is satisfied that the accused
(a) is making the plea voluntarily; and
(b) understands
(i) that the plea is an admission of the essential elements of the offence,
(ii) the nature and consequences of the plea, and
(iii) that the court is not bound by any agreement made between the accused and the prosecutor.
The above is the an excerpt of Patrick J Ducharme's book, Canadian Criminal Procedure, available at Amazon or in bulk through MedicaLegal Publishing along with Criminal Trial Strategies.
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