Arrest Warrant in Canada: What You Need to Know

An arrest warrant is a crucial document in the Canadian criminal justice system that empowers law enforcement to take an individual into custody. Whether you’re facing a potential arrest or simply wish to be informed, understanding how arrest warrants work, your rights, and the steps to take if you find yourself subject to one is essential. This detailed guide will cover everything you need to know about arrest warrants in Canada, from the legal process to what to do if a warrant is issued against you.

What is an Arrest Warrant?

An arrest warrant is a legal document issued by a judge or justice of the peace that authorizes the police to arrest an individual. The warrant is typically issued when there is reasonable grounds to believe that a person has committed a crime, and it outlines the specific charges or allegations against them. In Canada, arrest warrants are governed by the Criminal Code, which sets out the requirements for their issuance and execution.

Types of Arrest Warrants

There are several types of arrest warrants that may be issued in Canada, each serving a different purpose depending on the circumstances:

1. Bench Warrant: This type of warrant is issued by a judge when an individual fails to appear in court as required. A bench warrant gives law enforcement the authority to arrest the individual and bring them before the court.
2. Canada-Wide Warrant: A Canada-wide warrant allows law enforcement to arrest an individual anywhere within the country. These warrants are typically issued in serious cases where the individual poses a significant risk to public safety.
3. Warrant in the First Instance: This warrant is issued when a person is formally charged with a crime but has not yet been arrested. It allows the police to take the individual into custody to face the charges.
4. Extradition Warrant: An extradition warrant is issued when an individual is wanted in another country for a crime. Canada has extradition agreements with several countries, and this warrant facilitates the transfer of the individual to face charges abroad.

How is an Arrest Warrant Issued?

An arrest warrant is typically issued after law enforcement presents evidence to a judge or justice of the peace, demonstrating that there are reasonable grounds to believe that the individual has committed a crime. This evidence may include witness statements, physical evidence, or other forms of proof that support the allegations.

The judge must be satisfied that the evidence presented meets the legal threshold for issuing a warrant. If the judge agrees, the arrest warrant is signed and becomes legally binding, authorizing law enforcement to arrest the individual named in the warrant.

What Happens After an Arrest Warrant is Issued?

Once an arrest warrant is issued, law enforcement is responsible for locating and apprehending the individual. The process may vary depending on the type of warrant and the severity of the charges. Here’s what typically happens:

1. Police Attempt to Execute the Warrant: The police will attempt to locate the individual and take them into custody. This may involve visiting the person’s home, workplace, or other known locations.
2. Arrest and Detention: If the individual is found, they will be arrested and taken into custody. At this point, the police must inform the person of the reason for their arrest and their rights under the Canadian Charter of Rights and Freedoms, including the right to remain silent and the right to consult with a lawyer.
3. Court Appearance: After the arrest, the individual will be brought before a judge for a bail hearing or an initial court appearance. This typically occurs within 24 hours of the arrest, or as soon as reasonably possible.

Your Rights When Facing an Arrest Warrant

Being subject to an arrest warrant can be a stressful and intimidating experience. However, it’s important to remember that you have rights under Canadian law that protect you during this process. Key rights include:

• Right to Know the Charges: Upon arrest, the police must inform you of the charges or allegations against you. You have the right to understand why you are being detained.
• Right to Remain Silent: You have the right to remain silent during police questioning. It’s often in your best interest to exercise this right until you have consulted with a lawyer.
• Right to Legal Counsel: You have the right to consult with a lawyer immediately after being arrested. The police must inform you of this right and provide you with an opportunity to contact a lawyer.
• Right to a Bail Hearing: In most cases, you are entitled to a bail hearing where a judge will determine whether you should be released from custody pending trial.

What to Do If You Have an Arrest Warrant Issued Against You

If you discover that an arrest warrant has been issued against you, it’s crucial to act quickly and responsibly to protect your rights and legal standing. Here are the steps you should take:

1. Contact a Criminal Lawyer Immediately: The first and most important step is to contact a criminal defence lawyer who can advise you on your legal options and represent you in court. A lawyer can help you understand the charges, negotiate with law enforcement, and arrange for a voluntary surrender if appropriate.
2. Avoid Contact with Law Enforcement Without Legal Counsel: It’s essential to avoid speaking with the police without your lawyer present. Anything you say can be used against you in court, so it’s crucial to have legal representation during any interactions with law enforcement.
3. Arrange for a Voluntary Surrender: In some cases, your lawyer may advise you to arrange for a voluntary surrender. This involves turning yourself in to the authorities at a predetermined time and place, which can demonstrate your willingness to cooperate and may positively influence the outcome of your case.
4. Prepare for Your Court Appearance: Your lawyer will help you prepare for your initial court appearance or bail hearing. This may involve gathering evidence, securing character references, and developing a legal strategy for your defence.

The Legal Consequences of Ignoring an Arrest Warrant

Ignoring an arrest warrant is never advisable. Failure to address the warrant can lead to several serious consequences, including:

• Increased Legal Penalties: If you evade arrest or fail to appear in court, you may face additional charges and harsher penalties, including fines, jail time, and a permanent criminal record.
• Impact on Bail Eligibility: Evading arrest or ignoring a warrant can negatively impact your eligibility for bail. Judges may view you as a flight risk, making it more difficult to secure release from custody.
• Damage to Your Reputation: Evading law enforcement can damage your personal and professional reputation, making it harder to rebuild your life after the legal process is resolved.

How De Boyrie Law Can Assist with Arrest Warrants

Navigating the complexities of an arrest warrant can be overwhelming, but you don’t have to face it alone. At De Boyrie Law, our experienced criminal defence team is dedicated to protecting your rights and guiding you through every step of the legal process. Whether you’re facing an arrest warrant, need representation at a bail hearing, or require assistance with a criminal trial, we’re here to help.

Schedule a Free Consultation with De Boyrie Law

If you or a loved one is dealing with an arrest warrant, it’s essential to seek legal advice as soon as possible. Contact De Boyrie Law today to schedule a free, confidential consultation. Our team will review your case, discuss your options, and work tirelessly to achieve the best possible outcome for you. Don’t wait—reach out to us today to protect your rights and start your journey towards a fair and just resolution.