If you live in another Ontario city but were charged in London, you can transfer your case to your local courthouse through an administrative Crown-to-Crown file transfer. However, this transfer is only permitted if you intend to plead guilty; you cannot transfer a case to run a full trial elsewhere. (Section 478 of the Criminal Code is reserved strictly for transfers between different provinces).
It is not uncommon for visitors, university students, or business travellers to encounter legal trouble while spending time in London, Ontario. 📖 If you reside in Ottawa, Toronto, or Windsor, but face criminal charges in London, the prospect of taking days off work and repeatedly driving hours down the 401 highway to attend court at 80 Dundas Street can be financially and emotionally exhausting.
Fortunately, the justice system provides an administrative mechanism to alleviate this geographical burden. If both Crown Attorney offices consent, your legal proceedings can be transferred from the jurisdiction where the alleged offence occurred (London) to the jurisdiction where you currently live. However, this convenience comes with a major catch: it is exclusively reserved for individuals who are prepared to accept responsibility and enter a guilty plea.
Step-by-Step Process in London, Ontario
Transferring a criminal file between two different Crown Attorney’s offices is an administrative heavy lift. 📍 It requires strict coordination between the London courts and the courts in your home city.
Step 1: Make the Decision to Plead Guilty
The most important legal requirement for a transfer is your absolute willingness to plead guilty to the charges (or to an agreed-upon lesser charge). You cannot transfer a case because you think a judge in your hometown will be more sympathetic during a trial. If you want to fight the charges and plead not guilty, the trial must be held in London, as that is where the London Police Service officers and local witnesses are located.
Before requesting a transfer, you must consult with a criminal defence lawyer. 💼 They will review the disclosure (police evidence) and advise you on whether pleading guilty is actually your best strategic option.
Step 2: Obtain Consent from Both Crown Attorneys
An administrative file transfer is not automatically granted; it requires the mutual consent of two separate prosecutors. First, your lawyer will contact the Crown Attorney in London to request permission to transfer the charges out of Middlesex County. The London Crown will review the file and, if they agree, they will forward the prosecution package to the Crown Attorney in your home city.
Step 3: Attend Court in Your Home City
Once the file is accepted and the transfer is approved, your London court dates will be cancelled. You will receive a new summons or notice to appear at the Ontario Court of Justice in your home municipality.
At this appearance, you will stand before a local judge, officially enter your guilty plea, and proceed directly to sentencing. 🚨 Your lawyer can still negotiate the severity of the sentence with the local Crown before you stand in front of the judge.
How Much Does it Cost in Canada?
While there is no administrative fee charged by the government to transfer a file, coordinating a waiver heavily relies on your lawyer’s time. 💰 However, you will save significant money on travel.
| Court Filing Fees for Transfer | $0 CAD |
| Lawyer Fees (Coordinating Transfer) | $1,000 – $2,500 CAD (Depending on the firm) |
| Travel Savings (Gas/Hotels) | Saves $500 – $1,500+ CAD over multiple appearances |
| Victim Fine Surcharge | 30% of any fine ordered (can be waived by the judge for undue hardship) |
How Long Does the Process Take?
Transferring a criminal file between jurisdictions is an inherently slow bureaucratic process. ⌚ Getting the physical and digital files transferred from the London Crown’s office to another city and obtaining both signatures usually takes anywhere from 4 to 8 weeks. During this waiting period, your lawyer will simply adjourn your matters in London.
Frequently Asked Questions (FAQ)
Can I transfer my case from London to another province?
Yes. For inter-provincial transfers (such as Ontario to Alberta), Section 478 of the Criminal Code provides the legal framework. These transfers are significantly more complicated than in-province transfers and require the explicit consent of the Attorneys General of both provinces, along with a firm commitment to plead guilty.
What happens if I change my mind and want a trial?
If you transfer the case to your hometown and then refuse to plead guilty, the hometown judge will reject the transfer. The entire file will be immediately shipped back to London, and you will have to travel to 80 Dundas Street to stand trial.
Do I need a lawyer in London or my home city?
It is generally best to hire a lawyer based in your home city or one who practices province-wide. Your hometown lawyer can handle the local sentencing and can easily appear virtually in London to facilitate the initial transfer.
Can I transfer both summary and indictable offences?
Yes. The Crown-to-Crown file transfer process applies to both minor summary charges and more serious indictable offences, provided both Crown offices consent to the transfer and you agree to plead guilty.
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