Ignoring an arrest warrant anywhere in Canada is risky and can lead to serious consequences.
Warrants do not “expire” and can appear during background checks, border crossings, or routine traffic stops in any province.
If a warrant has been issued for you, the police may be able to arrest you as soon as they locate your whereabouts. This can lead to a stressful, “surprise” arrest and other unwanted consequences.
Some people are tempted to ignore a warrant in Alberta if they live in another province because they believe it doesn’t apply, but is this true? Or do you risk being sent back to Alberta in handcuffs?
Do other provinces have jurisdiction over a warrant issued in Alberta?
A warrant provides the police with the power to arrest you anytime and anywhere within the jurisdiction of the Court that issued or endorsed the warrant.
If the Alberta Court of Justice (formerly the Provincial Court of Alberta) issued the warrant, it generally only applies in Alberta. The exception is if another province has endorsed the warrant.
The majority of warrants only apply in the province in which they are issued. So, if you live outside of the province, your local provincial police may not have jurisdiction to execute the warrant.
If the warrant was issued in a Court of Appeal or Superior Court, such as the Alberta Court of King’s Bench, federal jurisdiction applies rather than provincial. The warrant is enforceable across Canada, under Section 703(1) of the Criminal Code.
These Canada-wide warrants are less common than provincial warrants but can be executed wherever you are in Canada, regardless of the province in which they are issued. Usually, they relate to high-priority cases where the suspect is considered a significant danger to the public or is likely to have fled the jurisdiction. Common examples include:
- Murder or attempted murder.
- Aggravated assault or serious violent crimes.
- Cases involving organized crime.
How does another province endorse a provincial warrant?
If an arrest warrant cannot be executed in the jurisdiction in which it was issued, a justice from another province can endorse it to make it executable there under Section 528 of the Criminal Code. This is known as “backing” a warrant.
Say you live in Toronto but were involved in an altercation when on holiday in Banff National Park. After you returned home, an arrest warrant was issued by the Alberta Court of Justice after someone filed a complaint with the local police.
For your warrant to be executable back home, an Ontario justice would need to “back” the warrant by approving an application verified by oath or affidavit by the justice who issued the warrant. Only once this step is complete can the police in Ontario arrest you and bring you back to Alberta.
If the warrant was issued in Alberta but you are arrested in another province for an offence unrelated to the original warrant, you will appear before a justice within 24 hours and be held for up to six days to allow for the execution of the original warrant.
What is the “radius of return”?
When a provincial warrant is issued, the police service often attaches a “radius of return.” This is essentially a budget-driven decision. If a person is arrested on a minor warrant 3,000 kilometres away, Alberta might not want to pay the high cost of flying officers out to pick them up and bring them back.
You might hear the term “Western Canada-only warrant”. This refers to the “radius of return,” where Alberta law enforcement has agreed to meet the cost to transport the person back from British Columbia, Saskatchewan, or Manitoba. However, if the person was caught in Ontario, the police there might release the person because the issuing province refuses to pay for the “return.”
Bear in mind that even if the warrant is for Alberta only, a police officer in another province can still detain you while they contact Alberta Crown Prosecutors to see if they will “extend the radius” to bring you back.
When a provincial warrant is issued, the police service often attaches a “radius of return.” This is essentially a budget-driven decision. If a person is arrested on a minor warrant 3,000 kilometres away, Alberta might not want to pay the high cost of flying officers out to pick them up and bring them back.
You might hear the term “Western Canada-only warrant”. This refers to the “radius of return,” where Alberta law enforcement has agreed to meet the cost to transport the person back from British Columbia, Saskatchewan, or Manitoba. However, if the person was caught in Ontario, the police there might release the person because the issuing province refuses to pay for the “return.”
Bear in mind that even if the warrant is for Alberta only, a police officer in another province can still detain you while they contact Alberta Crown Prosecutors to see if they will “extend the radius” to bring you back.
How should you deal with an arrest warrant?
You do not receive a letter saying there is a warrant out for your arrest, and there is no online database you can check.
You may not be aware of a warrant until the police turn up on your doorstep. If you suspect a warrant has been issued in Alberta and you live in another province or territory, you are unlikely to know if the warrant has been endorsed by your home province until the police show up.
The best solution is to speak to a criminal defence lawyer, who will maintain confidentiality and can take steps to find out if a warrant has been issued in your name anywhere in Canada.
Your lawyer can contact the specific Alberta police service (CPS, RCMP) to negotiate a voluntary appearance if a warrant has been issued. Alternatively, by liaising with the Crown Prosecutors’ office, your lawyer may be able to push for the warrant to be “vacated” (cancelled) in exchange for a new court date or an Appearance Notice. Your lawyer will advise you on how to best handle the process.
Usually, you will not be advised to turn yourself in locally for an Alberta warrant, because you may be held in jail for days while the provinces coordinate transport.
Your lawyer may be able to arrange for you to appear digitally to save you from having to travel to Alberta.
Summary: What are the risks of ignoring a “long-distance” warrant?
The main risks of not addressing a long-distance warrant are:
- The surprise arrest: Being arrested in front of family or employers in your current province.
- Employment impacts: An active warrant may show up on a CPIC (Canadian Police Information Centre) check, which can impact your career.
- Travel issues: If you attempt to enter the United States, you may be turned back if there is an existing warrant for your arrest.
Arrest warrants are frequently misunderstood. Matters can often be resolved proactively without risking a surprise arrest, even if you live outside the province in which the warrant was issued. The courts will generally look favorably on proactive steps to address the warrant.
Speak with a criminal defence lawyer at Wilson Criminal Defence during a free, no-obligation consultation if you have a warrant out for your arrest. Call 403-978-6052 or email us here.
