Ontario’s Warrant System

How Does Ontario’s Warrant System Work?

In Ontario, the warrant system gives the power to a judge to grant permission to the police to conduct arrest, search particular premises or any other activities as prescribed by law. Warrant is a piece of paper given by a judge or justice of peace if the requirement for the warrant is met.

In most of the cases, criminal warrants in Ontario fall under the ambit of Criminal Code of Canada which is federal legislation. However, Ontario courts are in charge of applying and enforcing such a legislation in the province.

A warrant does not necessarily mean that there is a finding against somebody regarding a crime. The warrant can be issued prior to, during and after the time charges are placed on the accused or when the accused does not appear at court.

Under section 511 of the Criminal Code, an arrest warrant generally states the identity of accused, the nature of his or her offence and that the accused should appear before a judge or justice.

An arrest does not necessarily require a warrant. Section 495 provides for arrest without warrant in several instances including where there is probable cause to believe that person commits an indictable offence.

For instance, the police can effect an arrest without a warrant in situations where they witness a crime being committed. In situations where the issuance of an arrest warrant is necessary, the police should get the requisite judicial authorization.

It is important because various warrants afford the police different powers. A warrant for arrest does not necessarily give the police powers to conduct a house-to-house search and vice versa.

What Types of Warrants Are Issued in Ontario?

Ontario’s criminal justice system uses several types of warrants. Each serves a different purpose and carries specific legal consequences.

Arrest Warrants

Arrest warrants allow the police to arrest a specific person and bring him/her to the court.

A judge or a justice of the peace may issue an arrest warrant once all the legal provisions have been met. Arrest warrants may be issued if there is a need to bring an accused person to court or if he/she fails to meet some legal conditions.

An arrest warrant may be issued when:

• An accused person fails to attend court after being properly required to appear.
• Authorities establish legal grounds for a warrant during criminal proceedings.
• An individual is believed to have violated release conditions and the requirements for a warrant are met.
• A person appears to be avoiding service of a court summons.

When a criminal arrest warrant is issued, it continues to be valid until it is acted upon in some way by the law. Just moving out of Ontario or staying away from the authorities will not render the warrant null.

Moreover, the issuance of the warrant does not mean that the individual will be in custody all the way to his trial date. There are times when he is allowed to leave or even attend bail hearings.

Bench Warrants

Bench warrant is an arrest warrant that is issued by a judge or justice of the peace when an individual fails to appear in a criminal court hearing.

The failure of a person charged with assault to attend a court hearing might lead to issuance of a bench warrant. The police would then arrest the individual and present him to the court.

Not all failure to appear in court will attract issuance of a bench warrant. This depends on the circumstances and other relevant legal requirements.

There is also a bench warrant with discretion that is known in Ontario Courts.

In such a case, the judge or justice may defer execution of the bench warrant to a specific date allowing the accused to appear voluntarily.

In cases where the accused appears in court as required, there would be handling of the warrant without having it executed by the police.

Where the individual fails to appear, the warrant would be executed after the specified period.

The bench warrant might cause some difficulties for individuals who were earlier released on bail. Understanding bail release conditions can therefore be important.

Search Warrants

The issuance of a search warrant makes it possible for the police to obtain authorization to conduct a search for specific evidence in the designated location.

Section 487 of the Criminal Code allows the use of a search warrant where there are reasonable grounds to assume the presence of the particular evidence or other items referred to in the section at the designated location.

Search warrants may relate to:

• Homes, apartments or commercial premises.
• Vehicles or storage facilities.
• Documents connected to suspected criminal activity.
• Electronic devices or digital records, subject to the applicable legal authority.
• Property believed to contain evidence of an offence.

For instance, where there is an investigation of possible fraud, police may apply for a warrant to conduct searches on business premises for the purpose of retrieving financial records.

The police do not have an unrestricted power to search all materials. The police must conduct themselves in accordance with the scope of their powers conferred by the warrant.

Section 8 of the Canadian Charter of Rights and Freedoms protects people from unreasonable search and seizure.

When the police conduct themselves outside the scope of the law, it might be a ground for court action.

What Happens When Police Execute an Arrest Warrant?

On executing the arrest warrant in Ontario, the police will seize the person and proceed according to the rules stated in the Criminal Code and Charter.

The police can arrest a person in his/her home, workplace, in public, or in a situation where the police have a legal encounter with a person. Nevertheless, the power to conduct an arrest on a private property faces some further restrictions as per the law.

Section 529 of Criminal Code grants police the powers to seek specific judicial authorization before entering the dwelling for conducting an arrest. There is also provision for entry even without such authorization due to the urgent situations specified in section 529.3 of the Criminal Code.

A regular arrest warrant does not entitle police to forcefully enter any premises.

When someone is arrested, section 10 of the Charter provides important rights, including:

• The right to be informed promptly of the reasons for the arrest.
• The right to retain and instruct a lawyer without delay.
• The right to be informed of the right to legal counsel.
• The right to challenge unlawful detention.

A person who is arrested with a warrant should demand for legal counsel and refrain from making any statements concerning the offence committed until they have consulted a lawyer. This is one reason to understand the risks of talking to police without a lawyer.

Once an arrest has been made, the police could transport the arrested person to a police station. Depending on the situation and the provisions for release, the police will either release the arrested person or hold the person in custody awaiting their appearance in court.

Section 503 of the Criminal Code states that when a person is arrested and is not released for some reason, they are supposed to be brought before a justice without undue delay and if a justice is available, within 24 hours. In case there is no such a justice available during the time, the appearance should be as soon as possible.

In a bail hearing, it is up to the court to decide whether the arrested person remains in custody or he or she is released pending the completion of the criminal proceedings. A Bail Hearing Lawyer can assist with the bail process.

The presence of a warrant is one aspect in making this decision. More information about how bail hearings work can help explain what may happen after an accused is held in custody.

How Can You Check for an Outstanding Warrant in Ontario?

It is possible for someone to have a warrant against them without being aware, especially if they have skipped court hearings or changed locations.

The province of Ontario does not offer a single complete public website where any individual can verify his/her criminal arrest warrant.

However, the Ontario Court of Justice does offer a criminal court case search facility via its online services called “Justice Services Online.”

The website offers information on particular criminal cases which have future court dates, court dates falling in the past week, and bench warrants within the past five years.

Users need a provincial ONe-key account to access the service.

It is crucial to note that the lack of a case in an online search does not mean that there is no warrant issued. There are some cases that cannot be accessed by the public, and the service does not include all kinds of warrants and court history.

Other means of searching for an outstanding warrant include contacting the court where the case was tried, contacting a criminal defence lawyer, or making a suitable query to the right police force.

In case one fears being arrested, one should seek legal advice before contacting the police or going to the police station.

An outstanding warrant can also become known when stopped in traffic or any other lawful contact with the police. In case the officer finds an arrest warrant that is enforceable, then the individual can be arrested.

Do Outstanding Arrest Warrants Expire?

There is no expiry date attached to the vast majority of criminal arrest warrants after a certain period of time (e.g., months or years).

Pursuant to section 511 of the Criminal Code, an arrest warrant issued under this part remains in force until executed. It can also be cancelled for a certain reason.

This implies that a criminal arrest warrant issued years ago will remain valid even today.

One cannot consider an arrest warrant automatically void merely by the lapse of time or age of the case.

What Should You Do If You Have an Outstanding Warrant?

Learning about an outstanding warrant requires immediate action. Failure to act will likely result in an unexpected arrest, and it could also make criminal proceedings more difficult.

The best initial course of action would be to consult an Ontario criminal defence lawyer who can assess the situation and provide you with possible options.

A lawyer can help determine the issuing court, reasons for issuing the warrant, and whether the warrant is still valid.

In case the warrant was issued due to a missed court hearing, it may be useful to collect documents explaining why the court hearing was missed. Such documents could include any hospital documents, proof of an emergency, or documents showing that the person was unaware of the court hearing.

Nevertheless, having an explanation does not mean that the warrant will be cancelled.

Depending on the situation, a lawyer can help negotiate voluntary surrender of the person to the relevant authorities.

Voluntary surrender means that arrangements are made to deal with the warrant, instead of waiting to be arrested by the police.

However, it does not assure that the arrest will be avoided by the police or the court will release the individual on bail. This depends on the law in force as well as on the circumstances of the case.

In some cases, the warrant may be dealt with through a court hearing or an application.

The Criminal Code, in section 511(2.1), permits a judge or justice, on application by the prosecutor, to revoke certain warrants if he or she is convinced that it is in the interest of justice to do so.

Anyone who has already been issued with bail conditions should abide by those conditions unless they are altered according to the law.

An accused person can make use of the opportunity of attending court voluntarily and consulting a lawyer.

Can an Ontario Warrant Be Enforced Outside the Province?

Just because a warrant is issued in Ontario, the arrest warrant does not become unenforceable just because that person moves into another province in Canada.

As criminal law is applied to all the country, there are means to enforce some warrants outside the jurisdiction where they were issued.

But an Ontario warrant is not enforced anywhere in Canada regardless of the statutory requirements.

Section 514 of the Criminal Code deals with the enforcement of arrest warrants in the territorial jurisdiction in which they are issued and in cases of fresh pursuit.

Section 528 gives a method for the execution of a warrant to be endorsed by a judge in another place when the necessary conditions exist.

If you have an outstanding criminal warrant issued against yourself in Ontario but now you are living in Alberta, there may be possible ways to execute such a warrant in Alberta.

If an individual is arrested outside Ontario, additional arrangements may be required to address court appearances, detention, and the criminal court process taking place in Ontario.

Moving to another province does not resolve an outstanding criminal charge or remove an existing warrant.

Someone who discovers an Ontario warrant while living elsewhere in Canada should obtain legal advice before making travel or surrender arrangements.

How Can a Criminal Defence Lawyer Help With an Ontario Warrant?

A criminal defence lawyer can help someone understand the legal consequences of an arrest warrant, bench warrant, or other warrant connected to criminal proceedings in Ontario.

The first step is identifying the exact nature and status of the warrant. This involves reviewing available court information, determining why it was issued, and assessing the procedures required to address it.

Where appropriate, a lawyer may communicate with the Crown Attorney’s office or police to discuss available options for dealing with the warrant.

If the client must surrender to police, legal counsel can explain what to expect, help prepare for questioning, and provide advice about the person’s rights.

For individuals facing detention, a lawyer can assist with bail proceedings, including preparing a proposed release plan, addressing concerns about future court attendance, and presenting relevant information to the court.

A lawyer may also examine whether the warrant was lawfully issued or executed.

For example, if police entered a residence without the necessary legal authority, the circumstances may raise Charter issues requiring further examination.

Addressing a warrant does not automatically dispose of the original criminal charges. The underlying matter may still require court appearances, disclosure review, negotiations, or trial preparation.

Whether the warrant involves a missed court date, an outstanding criminal charge, or an alleged breach of release conditions, obtaining advice from an experienced Ontario criminal defence lawyer can help identify the appropriate next steps. Information about when to contact a criminal lawyer may also help someone decide when to seek legal advice.