Notice of Appearance: What It Means in Canadian Criminal Law

A Notice of Appearance is a formal legal document that plays an important role in the early stages of criminal proceedings in Canada. If you’ve been charged with a criminal offence, you may receive a Notice of Appearance indicating when and where you are required to attend court. Failing to comply with this notice can result in serious consequences, including a warrant for your arrest and additional charges.

Understanding what a Notice of Appearance is, how it functions, and what your obligations are is critical for protecting your rights and maintaining control over your legal matter. This article offers a detailed explanation of the Notice of Appearance in the context of Canadian criminal law, including what to expect when you receive one and how a criminal defence lawyer can assist.

What Is a Notice of Appearance?

A Notice of Appearance is a document issued by the court or delivered by the Crown that informs an accused person or their lawyer of an upcoming court date. It specifies the time, date, courtroom number, and location where the accused is expected to appear.

It is typically used when:

• An individual has been released on an appearance notice or undertaking

• The court has scheduled a first appearance or subsequent hearing

• A defence lawyer is taking over representation and formally assuming carriage of the file

In many jurisdictions, this form may also be used in the early administrative stages of criminal proceedings, especially in summary conviction matters or matters involving legal counsel acting on behalf of the accused.

When Will You Receive a Notice of Appearance?

There are several scenarios in which a Notice of Appearance may be issued:

• After being charged with a criminal offence and released from police custody

• Following a summons to appear in court

• When the Crown or court reschedules a court appearance

• When your lawyer formally advises the court that they will be representing you

The notice is typically sent directly to you. It is your legal responsibility to attend the hearing listed on the notice unless your lawyer advises you that your presence is not required.

What Does a Notice of Appearance Contain?

A Notice of Appearance includes essential details such as:

• Your name and the court file number

• The date and time of your required court appearance

• The location and courtroom where the hearing will be held

• The charges you are facing (in some cases)

• Information about whether your attendance is required or can be waived by counsel

The document is meant to ensure that all parties are informed of their obligations and that the matter can proceed without unnecessary delay.

Is a Notice of Appearance Legally Binding?

Yes. A Notice of Appearance carries legal weight. If you receive one and fail to appear in court as directed, you may be charged with failure to appear, which is a criminal offence under Section 145 of the Criminal Code of Canada.

In addition to criminal charges, the court may issue a bench warrant for your arrest. This means that police are authorized to arrest you and bring you before a judge. In many cases, failing to appear may also affect your ability to obtain bail in future proceedings.

How Does a Lawyer Use a Notice of Appearance?

If you retain a criminal defence lawyer, they may file a Notice of Appearance on your behalf to:

• Inform the court they are representing you

• Indicate that you will not be attending court in person, especially for administrative appearances

• Confirm their intention to proceed with resolution discussions or set a trial date

In some courts, this notice is used to avoid unnecessary appearances for minor or summary matters, saving time for both the client and the justice system. However, your lawyer must meet specific procedural requirements when filing the notice to ensure that your case remains on track.

What Happens at the Court Appearance Listed in the Notice?

The type of court appearance listed in a Notice of Appearance can vary depending on the stage of the criminal process. Common types of appearances include:

• First appearance – where charges are formally read, and the Crown provides initial disclosure

• Set date – to schedule future court dates or discuss case progress

• Judicial pre-trial (JPT) – for discussion of issues ahead of trial

• Resolution meetings – if the case is being negotiated for a plea or withdrawal

Your lawyer will advise you if your personal attendance is required or if they can appear on your behalf. It’s critical that you communicate regularly with your counsel and follow all instructions related to your court obligations.

What Should You Do If You Receive a Notice of Appearance?

If you receive a Notice of Appearance, take the following steps immediately:

• Read the document carefully and note the date, time, and location

• Contact your criminal defence lawyer to confirm whether you must attend

• Keep a copy of the notice in a safe place

• Plan ahead for your attendance, including travel and time off work if needed

• Do not ignore the notice—even if you believe the matter has been resolved

Failure to take action can result in serious consequences that may harm your defence or result in new charges.

How a Criminal Defence Lawyer Can Help

A criminal defence lawyer can ensure that all procedural requirements related to a Notice of Appearance are properly handled. Your lawyer can:

• File a Designation of Counsel to assume carriage of your case

• Appear in court for you in administrative matters, reducing the burden of multiple attendances

• Ensure you meet all deadlines and obligations, avoiding breach or failure to appear charges

• Advocate for a resolution of your matter, such as negotiating a withdrawal or a reduced charge

• Prepare you for court appearances and explain what to expect each step of the way

Having a lawyer involved from the start helps reduce risk and gives you the best chance at achieving a favourable result.

Why Choose De Boyrie Law

At De Boyrie Law, we understand how stressful it can be to navigate the criminal justice system. Whether you’ve just received a Notice of Appearance or you’re already involved in court proceedings, our experienced legal team will guide you every step of the way. We’ll ensure that your rights are protected, your court obligations are met, and your case is handled with the skill and attention it deserves.

Schedule a Free Consultation with De Boyrie Law

If you’ve received a Notice of Appearance, don’t leave anything to chance. Contact De Boyrie Law today for a free, confidential consultation. We’ll review your case, explain your options, and ensure you’re fully prepared for what comes next.