What is a joint submission?

At the sentencing phase, defence counsel will make submissions before a judge regarding a sentence. The lawyer acting on behalf of the Crown Attorney will also make submissions on sentencing and usually will ask the court for a different sentence.

What happens if you plead guilty?

Usually when an accused person pleads guilty to the offences charged, Crown and defence counsel will agree on a sentence and will thus make what is called a “joint submission” before the judge. In other words, both Crown and defence will ask the court for the same sentence.

Can a judge reject a joint submission?

Although judges tend to agree with and grant the sentence requested on a joint submission, they are not, however, bound by the joint submission. Judges may depart from the sentence recommended on a joint submission if the recommended sentence is either too lenient or too harsh.

In the recent case of R. v. Anthony‑Cook – 2016 SCC 43 , the Supreme Court of Canada revisited the law on joint submissions and clarified the legal test that judges should apply to decide whether or not to depart from a joint submission. The case of Anthony-Cook makes it in effect more difficult for judges to depart from a joint submission.