View source for Out of Province Arrest Warrants

{{LevelZero}}{{HeaderArrest}}
==General Principles==

It has been said that all types of warrants can have application in any province. A provincial judge in any jurisdiction may validate a warrant from another jurisdiction under s. 461.<ref>
R v Cardinal, [http://canlii.ca/t/2dgrx 1985 ABCA 157] (CanLII), at para 8<br>
</ref>

'''"Canada-wide" Warrants'''<br>
Canada-wide warrants are warrants that are not attached to particular jurisdictions. This typically refers to warrants issued under s. 703, which can only be ordered by a judge of a superior court or appellate court. 

Section 703 states:
{{quotation|
'''Warrant effective throughout Canada'''<br>
703 (1) Notwithstanding any other provision of this Act, a warrant of arrest or committal that is issued out of a superior court of criminal jurisdiction, a court of appeal, an appeal court within the meaning of section 812 or a court of criminal jurisdiction other than a provincial court judge acting under Part XIX may be executed anywhere in Canada.
<br>
'''Warrant effective in a province'''<br>
(2) Despite any other provision of this Act but subject to subsections 487.0551(2) and 705(3), a warrant of arrest or committal that is issued by a justice or provincial court judge may be executed anywhere in the province in which it is issued.
<Br>
R.S., 1985, c. C-46, s. 703; R.S., 1985, c. 27 (1st Supp.), s. 149; 2007, c. 22, s. 22.
|[http://canlii.ca/t/7vf2#sec703 CCC]
}}

{{reflist|2}}
==Transfer of Custody to Originating Jurisdiction==
Section 503 provides similar authority to perform warrantless arrests and then remand for a period of time during which the warrant is to be executed:
{{quotation|
s. 503...<br>
'''Remand in custody for return to jurisdiction where offence alleged to have been committed'''<br>
(3) Where a person has been arrested without warrant for an indictable offence alleged to have been committed in Canada outside the territorial division where the arrest took place, the person shall, within the time prescribed in paragraph (1)(a) ''[without unreasonable delay, if justice available w/in 24 hours]'' or (b) ''[as soon as possible, if justice not available w/in 24 hours]'', be taken before a justice within whose jurisdiction the person was arrested unless, where the offence was alleged to have been committed within the province in which the person was arrested, the person was taken before a justice within whose jurisdiction the offence was alleged to have been committed, and the justice within whose jurisdiction the person was arrested
:(a) if the justice is not satisfied that there are reasonable grounds to believe that the person arrested is the person alleged to have committed the offence, shall release that person; or
:(b) if the justice is satisfied that there are reasonable grounds to believe that the person arrested is the person alleged to have committed the offence, may
::(i) remand the person to the custody of a peace officer to await execution of a warrant for his or her arrest in accordance with section 528, but if no warrant is so executed within a period of six days after the time he or she is remanded to such custody, the person in whose custody he or she then is shall release him or her, or
::(ii) where the offence was alleged to have been committed within the province in which the person was arrested, order the person to be taken before a justice having jurisdiction with respect to the offence.
...
<br>
R.S., 1985, c. C-46, s. 503; R.S., 1985, c. 27 (1st Supp.), s. 77; 1994, c. 44, s. 42; 1997, c. 18, s. 55; 1998, c. 7, s. 3; 1999, c. 25, s. 7(Preamble).
<Br>''[annotations added]''
|[http://canlii.ca/t/7vf2#sec503 CCC]
}}

Section 503(3) addresses the situation where an accused is arrested without a warrant outside of the jurisdiction and the local jurisdiction would like to compel their attendance at court.

Under s. 503(3)(b) a justice of the peace may order the remand of an accused for a period of up to 6 days, during which time the police may execute a public interest arrest warrant.

'''Time Limitation'''<Br>
Under s. 503, the accused must be brought before a justice in normal course within the time specified in s. 503(1)(a) and (b). The justice will order the remand of the accused for 6 days until the accused can be transported to the offence's jurisdiction.

'''Arresting Under Section 497 or 498'''<br>

{{quotation|
497<Br>...<br>
'''Where subsection (1) does not apply'''<br>
(2) Subsection (1) does not apply in respect of a person who has been arrested without warrant by a peace officer for an offence described in subsection 503(3).
<br>...<br>
R.S., 1985, c. C-46, s. 497; 1999, c. 25, s. 3(Preamble).
|[{{CCCSec|497}} CCC]
}}

{{quotation|
498<Br>...<br>
'''Where subsection (1) does not apply'''<br>
(2) Subsection (1) does not apply in respect of a person who has been arrested without warrant by a peace officer for an offence described in subsection 503(3).
<br>...<br>
|[{{CCCSec|497}} CCC]
}}




{{Reflist|2}}
===Release on Out-of-Province Offence===
{{Quotation|
503<br>...<br>
'''Interim release'''<br>
(3.1) Notwithstanding paragraph (3)(b), a justice may, with the consent of the prosecutor, order that the person referred to in subsection (3), pending the execution of a warrant for the arrest of that person, be released
:(a) unconditionally; or
:(b) on any of the following terms to which the prosecutor consents, namely,
::(i) giving an undertaking, including an undertaking to appear at a specified time before the court that has jurisdiction with respect to the indictable offence that the person is alleged to have committed, or
::(ii) entering into a recognizance described in any of paragraphs 515(2)(a) to (e)

with such conditions described in subsection 515(4) as the justice considers desirable and to which the prosecutor consents.
<br>...<br>
R.S., 1985, c. C-46, s. 503; R.S., 1985, c. 27 (1st Supp.), s. 77; 1994, c. 44, s. 42; 1997, c. 18, s. 55; 1998, c. 7, s. 3; 1999, c. 25, s. 7(Preamble).
|[http://canlii.ca/t/7vf2#sec503 CCC]
}}
{{reflist|2}}

==Transferring Local Warrants to Different Provinces==
Where no Canada-wide warrant is issued and a regular 514 warrant has been issued in another jurisdiction, under s. 528 the local court may endorse the foreign warrant (sometimes referred to as "backing" a warrant):
{{Quotation|
'''Endorsement of Warrant'''<br>
'''Endorsing warrant'''<br>
528.(1) Where a warrant for the arrest or committal of an accused, in any form set out in Part XXVIII in relation thereto, cannot be executed in accordance with section 514 or 703, a justice within whose jurisdiction the accused is or is believed to be shall, on application and proof on oath or by affidavit of the signature of the justice who issued the warrant, authorize the arrest of the accused within his jurisdiction by making an endorsement, which may be in Form 28, on the warrant.
<br>
'''Copy of affidavit or warrant'''<br>
(1.1) A copy of an affidavit or warrant submitted by a means of telecommunication that produces a writing has the same probative force as the original for the purposes of subsection (1).
<br>
'''Effect of endorsement'''<br>
(2) An endorsement that is made upon a warrant pursuant to subsection (1) is sufficient authority to the peace officers to whom it was originally directed, and to all peace officers within the territorial jurisdiction of the justice by whom it is endorsed, to execute the warrant and to take the accused before the justice who issued the warrant or before any other justice for the same territorial division.
<br>
R.S., 1985, c. C-46, s. 528; R.S., 1985, c. 27 (1st Supp.), s. 93; 1994, c. 44, s. 51.
|[http://canlii.ca/t/7vf2#sec528 CCC]
}}

This section allows either local police or the police of the other jurisdiction to arrest the accused, who is located locally, and be transported to the jurisdiction of the original warrant.

The application should use Form 28.<ref>
e.g. see R v Charles, [http://canlii.ca/t/fqmdg 2012 SKCA 34] (CanLII) at para 11<br>
see [[Criminal Code Forms]]<br>
</ref>

{{reflist|2}}

==See Also==
* [[Transfer of Matters to Other Provinces or Territories]]