What is an Arrest Warrant?

Cory Wilson is a criminal defence lawyer and theft defence lawyer serving all of Alberta, including Calgary, Okotoks, Airdrie, Strathmore, Cochrane, Canmore, Didsbury, Medicine Hat, Lethbridge, Grand Prairie and  Turner Valley.

An arrest warrant is a legal document that grants authority to law enforcement officials to apprehend and detain individuals suspected of committing criminal offenses in Canada. Understanding the nature, types, and implications of arrest warrants is essential for comprehending the Canadian criminal justice system. This comprehensive guide aims to provide an in-depth explanation of arrest warrants in Canada, including their purpose, issuance, execution, types, and associated procedures.

I. Purpose and Significance of Arrest Warrants:

1. Definition: An arrest warrant is an official document issued by a court of law that authorizes the arrest and detention of an individual believed to have committed a criminal offense. It serves as a legal basis for law enforcement authorities to apprehend the suspect and bring them before the court to face charges.

2. Legal Authority: Arrest warrants play a vital role in safeguarding the rights of both the accused and society at large. By requiring a judicial order, they ensure that arrests are conducted lawfully and based on reasonable grounds.
3. Protection of the Accused: Arrest warrants provide individuals with protection against arbitrary arrest. They require judicial review, ensuring that law enforcement agencies have sufficient evidence to justify detaining someone.

4. Presumption of Innocence: Arrest warrants are founded on the principle of the presumption of innocence. They underscore the notion that an individual is innocent until proven guilty and should be given a fair opportunity to present their case in court.

II. Issuance of Arrest Warrants:

1. Judicial Authority: In Canada, arrest warrants can be issued by judges, justices of the peace, or provincial court judges, depending on the jurisdiction and the severity of the alleged offense. These judicial authorities carefully review the evidence presented before issuing a warrant.
2. Reasonable Grounds: Before issuing an arrest warrant, the judge or justice of the peace must be satisfied that there are reasonable grounds to believe that the individual named in the warrant has committed a criminal offense.
3. Affidavit and Information: To obtain an arrest warrant, the law enforcement agency must provide a sworn statement, known as an affidavit, which outlines the facts and evidence supporting the belief that the individual has committed the offense. The judge or justice of the peace assesses this information to determine the necessity of issuing a warrant.
4. Ex Parte Proceedings: Arrest warrants are typically issued in ex parte proceedings, meaning that the individual named in the warrant is not present or represented during the warrant application. This ensures the integrity of the investigation and prevents the suspect from evading arrest.

III. Execution of Arrest Warrants:

1. Apprehension: Once an arrest warrant is issued, law enforcement officials, such as police officers, have the authority to locate, apprehend, and arrest the person named in the warrant. They are empowered to enter premises, if necessary, to execute the warrant.
2. Lawful Arrest: During the arrest, law enforcement officers must adhere to the principles of proportionality and use only reasonable force. They must inform the individual of the reasons for the arrest, their right to counsel, and any charges against them.
3. Rights of the Arrested: Persons arrested on an arrest warrant are entitled to certain rights, including the right to remain silent, the right to legal representation, and the right to be promptly brought before a judge.

IV. Types of Arrest Warrants in Canada:

1. Regular Warrant: Regular warrants are the most common type of arrest warrant issued by a court. They are typically issued when there is evidence or reasonable grounds to believe that an individual has committed a criminal offense.
2. Bench Warrant: Bench warrants are issued when a person fails to comply with a court order, such as failing to appear in court or violating bail conditions. They ensure that individuals who disregard court orders are brought back before the court to address their non-compliance.
3. Telewarrant: In urgent situations where immediate action is required, telewarrants may be issued. These warrants allow police officers to obtain authorization over the phone or through electronic means, enabling swift arrest and detention of suspects.
4. Extradition Warrant: Extradition warrants are issued to arrest and detain individuals who are wanted in another country for the purpose of extradition. These warrants facilitate the extradition process, ensuring that individuals facing criminal charges in foreign jurisdictions are brought to justice.

V. Consequences and Procedures:

1. Bail Hearing: Upon arrest, the individual named in the warrant is brought before a judge or a justice of the peace for a bail hearing. During this hearing, the court determines whether to release the person on bail or keep them in custody until further proceedings.
2. Validity and Cancellation: Arrest warrants generally do not have an expiration date in Canada. They remain active until executed by the police or canceled by the court that issued them. Warrants may be canceled if new evidence emerges, charges are dropped, or the accused voluntarily surrenders to the authorities.
3. Challenging Arrest Warrants: In certain circumstances, individuals may challenge the validity of an arrest warrant. If there are doubts about the legality or authenticity of the warrant, legal advice should be sought to explore potential avenues for challenging its issuance or execution.
4. Nationwide Enforcement: Arrest warrants can be executed across different provinces and territories in Canada. Law enforcement agencies have the authority to enforce warrants nationwide, ensuring that individuals cannot evade arrest by moving between jurisdictions.

VI. Legal Rights and Considerations:

1. Legal Representation: It is essential for individuals named in an arrest warrant to seek legal representation. Lawyers can provide guidance, protect their clients’ rights, and navigate the legal processes involved in addressing the warrant.
2. Confidentiality and Privacy: During the execution of an arrest warrant, law enforcement officials must respect individuals’ rights to privacy and confidentiality. Any searches or seizures must be conducted in compliance with the Canadian Charter of Rights and Freedoms.
3. Presumption of Innocence: The presumption of innocence remains in effect throughout the legal proceedings. Being subject to an arrest warrant does not automatically establish guilt. The accused is entitled to a fair trial, with the burden of proof resting on the prosecution.

Conclusion

Arrest warrants are fundamental tools within the Canadian criminal justice system. By ensuring judicial oversight and protecting the rights of both the accused and society, they play a crucial role in maintaining law and order. Understanding the purpose, types, and procedures associated with arrest warrants empowers individuals to navigate the legal system effectively and protect their rights when faced with criminal charges. However, it is crucial to consult with legal professionals for specific advice tailored to individual circumstances, as laws and procedures may vary.

Cory Wilson is a criminal defence lawyer based in Calgary and serving all of Alberta. If you have been charged with a criminal offence or are a suspect in a criminal investigation, call today for a free, no obligation consultation.