Plea Bargaining Used In The Canadian Criminal Justice System

The Canadian Law Dictionary (2013) defines “plea bargaining” as “an informal practice where the accused uses his or her right both to plead guilty in order to bargain for a benefit that is usually related to a charge or the sentence”. A plea bargain is the most common method used in the disposition of criminal cases and makes up 95% of cases in Canada (Barbara, Morrison, and Cunningham, 1976) and usually consists of an agreement with the Crown prosecutor to make an alliance to get the judge to make a sentence. In most cases plea bargaining is considered as a “deal with the devil”.
In 1975, the Law Reform Commission of Canada defined "plea bargaining" as "any agreement by the accused to plead guilty in return for the promise of some benefit
Paul Bernardo, a diagnosed psychopathic and sexual sadist, murdered three women and sexually assaulted at least eighteen. During that period, the authorities did not have any admissible evidence that would identify Bernardo as the perpetrator of these crimes. On the first of February 1993, the first clue was discovered. Forensics then advised the police that there was a match between Bernardo’s DNA and some of the DNA found on the victims of the assaults. However, this was not enough to connect Bernardo to the murders, but was enough for his wife Karla Homolka, whose DNA was also found on the victims, and who was previously considered a victim of her husband’s abuse, an accomplice to his crimes. On 11 February 1993, Homolka retained a lawyer who negotiated with the prosecutor on her behalf. She had valuable information that would assist the police in officially charging Bernardo with the crime he committed, but she wanted a deal. There was a strong case built against Homolka but nothing strong enough for Bernardo’s conviction. The authorities were faced with the unpleasant fact that if Bernardo was to be prosecuted for the murders, it was essential that they have Homolka’s evidence and cooperation. In exchange for her cooperation and testimony against Bernardo, she would plead guilty to two counts of manslaughter and receive a sentence of 12 years imprisonment. Homolka was sentenced on 6 July 1993, (Bernardo, 1 September 1995) until on 22 September 1994, videotapes made by Bernardo were discovered by the police. These videotapes captured the sexual assaults that were carried by both Bernardo & Homolka against a number of victims, including the deceased victims. Homolka’s deal with the prosecutor then came under heavy public scrutiny as she no longer could be portrayed as the abused wife and victim who were manipulated by her