What happens if I miss my court date?

The court can issue a warrant for your arrest, and failing to attend can also be charged as a separate offence under section 145 of the Criminal Code.

How serious is the failure to attend charge?

It can be prosecuted as an indictable offence with a maximum of two years, or as a summary offence. The outcome depends on the circumstances.

Can I fix a missed court date?

Often yes, but you should act quickly. A lawyer can contact the court and the Crown and arrange for the warrant to be dealt with, usually by attending court voluntarily.

What if I missed court because of an emergency?

The offence requires that you fail to attend without lawful excuse. A genuine emergency, such as a medical problem, may be a reasonable excuse, and records that show it help.

Will missing court affect my bail?

It can. A failure to attend makes it harder to be released again and can affect a surety who has pledged money for you.

Missed a Court Date in Ontario? What Happens Next

If you have missed a criminal court date, or you think you may have, it feels as if the situation is already beyond repair. In many cases it is not, but it gets harder the longer it is ignored. Here is what the law says and what to do.

What the law says

Section 145 of the Criminal Code makes it an offence to fail, without lawful excuse, to attend court as required. It covers people released on a release order, people who appeared and were told to come back, and people who fail to attend after an appearance notice or summons. It can be prosecuted as an indictable offence, with a maximum sentence of two years, or as a summary offence. In addition, the court can issue a warrant for your arrest.

What a warrant means

A warrant allows police to arrest you if they find you, for example at a traffic stop or at the border, and bring you before a court. It can also appear when you apply for work, a licence or immigration status. The longer a warrant is outstanding, the more likely it is to be discovered at a bad moment.

Do not ignore it

Many people hope the problem will go away. It usually does not. A new charge can be added to your original one, and if you were released on bail it can lead to a bail review and make future release harder. If someone pledged money as a surety for you, they can also face consequences.

What to do right away

Find out exactly what was missed: the courthouse, date and charge. Your release papers, summons or appearance notice will show it.
Contact a lawyer immediately. A lawyer can often contact the court and the Crown and arrange for you to attend voluntarily to have the warrant dealt with.
Do not simply show up and hope for the best, and do not try to explain the situation to police without advice.
Collect any evidence of why you missed court, such as hospital records, travel records or a copy of the notice you received late.
If you are not a Canadian citizen, tell your lawyer your status. A new charge can add to the immigration consequences.

Possible defences and explanations

The offence requires that the failure was without lawful excuse. A real emergency, not receiving proper notice, or confusion over the date or location can matter. Each depends on the facts and the evidence. See our guide to your first court appearance in Ontario and our page on breaching bail conditions.

Talk to us

We offer a free 15-minute phone consultation for criminal matters, and we answer calls after hours. Call (289) 652-0529 or see our bail hearing page.

DISCLAIMER: This article is general information about Ontario and federal law, not legal advice, and no lawyer-client relationship is created by reading it. Laws change and every situation is different, so speak with a lawyer about yours.

What Happens If You Miss a Court Date in Ontario?