How to find out if there is a warrant out for my arrest in a different province?
How to Find Out if You Have an Arrest Warrant in Canada
There are multiple ways to find out if a warrant has been issued for your arrest in Canada. However, many ways of finding out if you have a warrant come with a level of risk. While you can go in-person to a police station or a courthouse with photo identification to see if there is a warrant out for your arrest, the safest way of finding this out is through a lawyer.
If you present yourself to the police or to a court clerk and they inform you that there is an existing warrant, an officer or sheriff may arrest you on the spot. Depending on the crime for which the warrant was issued, you may be released on an appearance notice or undertaking. However, if your circumstances or the crime’s severity require a formal bail hearing, there is a chance you may not be released and could be detained until trial if you do not make bail. If you do choose to present yourself to the police or courts, we recommend you consult one of our dedicated criminal defence lawyers prior to for advice.
By having a lawyer inquire about the warrant on your behalf, you will not risk being arrested on the spot at the station or courthouse. Instead, your lawyer can help you arrange a time and place to turn yourself in to the police to deal with the warrant, and most importantly, they can work on a plan to maximize the chances you will be released on bail. Moreover, if there is not a warrant out for your arrest but you have reason to believe one will soon be coming, our lawyers can provide you with pre-charge legal advice specific to your circumstances and guide you on how to handle future police interactions.
Is my Arrest Warrant Enforceable in Other Provinces?
Warrants that are issued by a justice or a provincial court are generally only valid in the province where they were issued. However, there are some circumstances where you can be arrested for a warrant outside of the province that initially authorized it. Waiver and transfer of warrants is a complex and situation-specific topic. Therefore, if you find yourself in this situation, you should consult an experienced criminal defence lawyer.
One such example of a warrant that will be enforceable outside of the province in which it is issued is when a Canada-wide warrant is issued for your arrest. This authorizes police forces across Canada to bring you in to custody, regardless of the province in which you are found. Canada-wide warrants are issued in serious cases. In sum, these are warrants that are not attached to a specific jurisdiction (area).
Most commonly, a Canada-wide warrant refers to warrants issued under s.703(1) of the Criminal Code of Canada (The “Code”). Such warrants are issued by either a superior court or a court of appeal and allow for the warrant to be executed anywhere in the country. Conversely, pursuant to s.703(2) of the Code, warrants issued by a justice or provincial court judge can only be acted upon by police in the province in which it was issued. The exact wording of these provisions in the Code are below:
Transferring or Waiving Your Charges at Warrant Status to Another Province
Can my charges be transferred?
In some cases where you have an active arrest warrant one province, it may be possible to have the warrant transferred to another jurisdiction. Transferring an active arrest warrant is distinct from transferring or ‘waiving’ charges that are already in the system to a system in another jurisdiction, and different rules apply. While uncommon, the possibility of waiving charges is highly context and fact specific and requires communication with the Crown prosecutor assigned to the file. Moreover, it is crucial to know that an active warrant can only be transferred if you are going to plead guilty.
This page provides only a general overview of some situations involving out of province warrants. If you have a local or out of province warrant that you are dealing with, please contact our office to schedule a consultation with an experienced criminal defence lawyer today.
About The Author
Ask A Question
We endeavor to respond to questions within 24 hours. If your matter is urgent, please call our office or submit a request for a free consultation.
Michael Oykhman is a very professional lawyer and the first time I spoke to him he asked about my situation and he gave me some very helpful advice and assistance and also told me his odds of winning this case. During the days I was in contact with micheal I could feel the level of professionalism of him and his team, he is able to respond back to you with any questions you have within 24 hours. In the end he was as successful in helping me win my case as he had initially promised me.If you are still struggling to find a lawyer, I highly recommend Michael Oykhman.
Please give yourself a favour and contact Mr. Michael Oykhman if you need any legal advice or if you are in a terrible situation. Even-tough, the odds are not in your favour, still they will go extra miles to help you out in bad situation and get you favourable outcome. Moreover, They will work on your file even after the business hours. I don’t have words to say thanks to Mr. Michael oykhman and Kiran Cheema who had worked on my file and get me out of trouble. I’m very grateful for your assistance and exceptional service. HIGHLY RECOMMENDED.
I am grateful that Ms. Moira McAvoy was my lawyer, and I remain thankful to her for everything. She made a successful resolution to my case possible. Ms. Moira McAvoy is a professional, trustworthy lawyer, and a compassionate person. She is an excellent listener and knowledgeable of the law. From the start, she was an excellent guide. I did not know anything about the legal system and court, and she outlined everything clearly in advance, so I could understand things. She never rushed me through anything. She spoke clearly, explained everything, considered what I said, and provided options and advice. She kept me up to date on new information, requirements, and deadlines. She was always positive and this helped so much.
Ryan Patmore and his team are simply the best. I was bullied by CPS in 2020 and it landed me with three separate charges, assault, refusal to blow and DUI, which all went down as I was parked at a friends. After some research and a conversation with Michael, he directed me towards Ryan and at the time I didn’t know that would be a game changer in my favour! He is honest, transparent, helpful and a brilliant mind. He successfully appealed my license suspension with ATSB and then proceeded to get the crown to dismiss all my charges before trial. I never had to step foot inside a courtroom. If you are in need of a criminal defence lawyer, don’t think twice, get in touch with this firm and ask for Ryan Patmore! The guy is an absolute saviour.
Joseph Beller, from the very beginning when I first contacted and then retained Joseph as my representative I felt I was in good hands. When I emailed him with a question. I got a prompt response. We communicated often on the phone as needed. Joseph kept me informed as to the process. He made sure I knew all the potential results so I knew and could plan for the different outcomes. I know this his his job. But appreciate his professionalism and also his ability to not make me feel any extra stress. Well done.