Transferring a criminal case from the Newmarket Courthouse to another city is generally only possible if you plan to plead guilty. This process, known as a “waiver of charges,” requires the consent of the Crown Attorney in both jurisdictions. Transferring a case for a full trial is incredibly rare in Canada.
If you were arrested in Markham, your criminal charges will automatically be processed at the Ontario Court of Justice located in Newmarket. However, life does not stop because of a criminal charge. You might move to Ottawa, London, or even out of the province to pursue a job or be closer to family. Travelling back and forth to Newmarket for court dates can quickly become a financial and emotional burden.
Under Canadian law, you can apply to have your charges transferred to your new local courthouse, but there are strict limitations. The Criminal Code of Canada allows for this primarily when the accused intends to resolve the matter with a guilty plea. Here is a clear, step-by-step guide on how you and your criminal defence lawyer can navigate this transfer process.
Step-by-Step Process to Transfer Your Case
Changing jurisdictions is an administrative process that requires coordination between two different courthouses. Whether you are moving from Markham to another city in Ontario or to a different province, the legal mechanism is generally the same.
Step 1: Consult Your Defence Lawyer
Before attempting a transfer, you must have a clear legal strategy. Because transferring a case under Section 478 of the Criminal Code requires a guilty plea, your lawyer must first review the police disclosure. If the Crown’s case is weak, it may be better to stay at the Newmarket Courthouse to fight the charges and get them dropped, rather than pleading guilty just for convenience.
Step 2: Request the Waiver Form
If pleading guilty is the best path forward, your lawyer will draft a formal waiver document. This document explicitly states your intention to plead guilty and requests that the file be sent to the courthouse in your new city. Your lawyer will submit this to the Crown Attorney’s office in Newmarket.
Step 3: Obtain Crown Consent
The transfer is not automatic. The Crown Attorney in Newmarket must agree to release the file, and the Crown Attorney in your new city must agree to accept it. They will consider factors such as the severity of the offence and whether the victim resides in Markham. If both prosecutors consent, the file is physically and electronically moved.
Step 4: Attend Court in Your New City
Once the transfer is complete, you will be given a new court date in your current city. At this hearing, you will formally enter your plea, and the local judge will hand down your sentence. If you suddenly change your mind and decide to plead not guilty, the case will be shipped back to Newmarket.
How Much Does a Case Transfer Cost?
The government does not charge a filing fee to transfer a criminal case. However, your criminal defence lawyer will charge for the time spent negotiating with two different Crown offices.
| Expense Type | Description | Estimated Cost (CAD) |
|---|---|---|
| Government Transfer Fee | The court system does not charge you to move a file. | $0 |
| Lawyer’s Block Fee | Legal fees to arrange the waiver and represent you at the sentencing hearing. | $1,500 to $3,500+ |
| Travel Costs (If Denied) | If the transfer is denied, you must pay out-of-pocket to travel back to Newmarket. | Varies widely |
Hiring a local lawyer where you currently live is often the smartest strategy, as they can negotiate directly with their local Crown to accept the transfer. 💰
How Long Does the Process Take?
Transferring a criminal file is not a fast process. Getting consent from two different Crown Attorney offices and physically moving the documents generally takes between two and four months. During this waiting period, you or your lawyer must still attend all scheduled appearances at the Newmarket Courthouse to ensure a bench warrant is not issued for your arrest.
Frequently Asked Questions (FAQ)
Can I transfer my case if I want a full trial?
Generally, no. Trials must occur where the offence happened because that is where the police officers and witnesses are located. Moving a trial (known as a “change of venue”) is incredibly rare and usually only granted if intense local media coverage makes a fair trial impossible.
Can I transfer my case to another province?
Yes, inter-provincial waivers are possible under the Criminal Code. For example, if you move from Markham to Calgary, you can transfer the case, but it requires the explicit consent of the Attorney General of both Ontario and Alberta.
What happens to my bail conditions when I move?
Your bail conditions remain strictly in effect until the judge formally alters them. If one of your conditions is to reside at a specific Markham address, your lawyer must apply for a bail variation before you actually move.
Do I need a new lawyer in the new city?
While not strictly required, it is highly recommended. A local lawyer in your new city will be familiar with the local judges and Crown Attorneys, which is heavily beneficial during your sentencing hearing.
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