Joint submissions to be accepted unless unlawful or would bring administration of justice into disrepute

R. v. Finlay, 2004 CarswellOnt 4793 is a useful source for the proposition when joint submissions regarding release at a bail hearing are made, it was incumbent upon a justice of peace to accept the terms unless those terms are unlawful or would bring administration of justice into disrepute. That is merely a special example of the broader principle that joint submissions in criminal matters should generally be followed unless the submissions suggest an unlawful disposition or one that brings justice into disrepute. The Court holds:

9 It has always been my understanding, and I believe it has been the tradition of all courts in Canada, that when joint submissions on any issue are presented by Crown counsel and defence counsel that the court must give serious consideration to those submissions. The simple reason for that, in my view, is the role of counsel. One cannot ignore the history of our court system, which now is many centuries. Counsel, in my view, are the backbone of our court system. We could not operate or at least we could not operate in a proper manner without counsel. The court is entitled to the participation of counsel, and one need only look at that word. We do not, generally speaking, refer to counsel as lawyers or barristers or solicitors. Traditionally, we refer to them as counsel, because they, despite their specific role, provide the service of counselling the court, and providing advice, based upon their knowledge and experience.

10 There are some cases, which I will mention momentarily, that indicate that when a joint submission is tendered, regardless of the issue before the court, the court must give great deference to those submissions, and cannot ignore those submissions without providing full and complete reasons for so doing, and without giving counsel an opportunity to further address the court once it has indicated that the joint submission will not be accepted.

11 If we do not accept that principle, then our system, as we know it will virtually come to a standstill. There are numerous sentencing matters in particular where everyone benefits from
the joint submissions of counsel. Those submissions come to the court after due diligence has been performed by Crown and defence counsel, where proper investigation has taken place, and a consideration of all matters relevant to the issue before the court.