If you live in Calgary or Red Deer but were charged with a crime in Edmonton, you can usually transfer the case closer to home using a Waiver of Charges. Under Section 478 of the Criminal Code, this transfer is generally only allowed if you intend to plead guilty. It saves you the time and expense of travelling back to Edmonton for court appearances.
Alberta is a massive province, and it is entirely possible to find yourself on the wrong side of the law while travelling for work or visiting friends outside your home city. If you reside in Calgary but are arrested and charged in Edmonton, the prospect of driving three hours north for every minor docket court appearance can be incredibly disruptive to your life and employment.
Fortunately, Canadian criminal law offers a practical solution known as a Waiver of Charges. This administrative procedure allows you to transfer your criminal file from the Edmonton jurisdiction to your local courthouse. However, it is vital to understand that this mechanism is strictly designed for early resolution. You cannot transfer a case simply because you want a different judge; you must be prepared to accept responsibility for the offence.
Step-by-Step Process for a Waiver of Charges in Alberta
Transferring a criminal case requires coordination between two different Crown prosecutor offices. Your defence lawyer will handle the heavy lifting, ensuring the paperwork smoothly moves from Edmonton to your designated home jurisdiction. Here is how the process generally unfolds.
Step 1: Consult Counsel and Decide on a Plea
A waiver is only an option if you plan to enter a guilty plea. First, your defence lawyer will obtain your disclosure from Edmonton to ensure that pleading guilty is actually in your best interest. If there is a strong chance of winning at trial, your lawyer will advise against the transfer, and you will need to fight the case in Edmonton.
Step 2: Requesting the Waiver from the Edmonton Crown
If you decide to plead guilty, your lawyer will formally contact the Crown prosecutor’s office in Edmonton. They will submit a written request to waive the charges to your home city (for example, the Calgary Courts Centre). The Edmonton Crown must consent to this request; they will review the file to ensure there are no local co-accused individuals or complex reasons keeping the file in Edmonton.
Step 3: Crown Consent and File Transfer
Once the Edmonton Crown agrees, they formally sign the waiver document. The physical and electronic file is then forwarded to the Crown prosecutor in your local jurisdiction. A new court date will be generated in your home city, where you will appear before a local judge to enter your plea and be sentenced.
How Much Does it Cost in Alberta?
The Alberta justice system does not charge a specific administrative fee or court tax to process a Waiver of Charges. However, you will need to pay your criminal defence lawyer to handle the logistics, review the evidence, and conduct the sentencing hearing in your home city.
| Expense Item | Estimated Cost (CAD) | Who Pays? |
|---|---|---|
| Court Transfer Fee | $0 | No government fee applies to a waiver. |
| Lawyer Block Fee (Guilty Plea) | $1,500 – $3,500+ | The client. Varies based on charge severity. |
| Travel Savings | Saves $300+ per trip | Saves you gas, hotel, and lost wage costs. |
How Long Does the Process Take?
While the concept is simple, the bureaucratic machinery of the Alberta Court of Justice moves at its own pace. Moving a file out of the Edmonton Law Courts to another regional jurisdiction generally takes between 2 to 6 weeks.
During this waiting period, your lawyer will ensure that any scheduled court appearances in Edmonton are properly adjourned so that a warrant is not issued for your arrest. Once the file arrives in your local city, it usually takes another few weeks to get on the docket for your final sentencing hearing. Overall, expect the entire resolution process to take about two months from the day you request the waiver.
Frequently Asked Questions (FAQ)
Can I transfer my case out of Edmonton to fight it at trial?
No. Under Section 478 of the Criminal Code of Canada, a waiver of charges between territorial divisions in the same province is strictly for the purpose of pleading guilty. If you want to plead not guilty and go to trial, the trial must be held in the jurisdiction where the alleged offence occurred (Edmonton).
What if I change my mind after the file is transferred?
If you successfully waive the charges to your home city but then decide you want to plead not guilty, the local judge will refuse to accept your plea. The file will be immediately transferred back to Edmonton, and you will have to stand trial there.
Can I transfer a criminal charge from Edmonton to another province?
Yes, but inter-provincial waivers (e.g., from Edmonton to Vancouver) are much more complicated. They require the explicit consent of the Attorney General of the province where the offence occurred, as well as the receiving province. Again, this is only permitted if you intend to plead guilty.
Will the Edmonton Crown always agree to a waiver?
Not always. The Edmonton Crown may refuse the waiver if there are co-accused individuals who are staying in Edmonton for their trial, or if the offence is highly specific to the local community and the Crown feels sentencing should happen locally. However, for most standard offences, consent is usually granted.
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