What if I Cannot Make it to Court?

It is very important that you go to court when required. In some cases, someone may be able to appear for you if you cannot.

It is very important that you do everything you can to show up in court whenever you are supposed to. If you are not there and no one appears for you to explain why you are not there, the judge may issue a warrant for your arrest. You can also be charged with failing to appear in court. If you are found guilty of failing to appear, that conviction goes on your criminal record and can be used in future bail hearings. 

If you cannot make it to court and you have a lawyer, you should call them right away. If you are charged with a summary conviction offence or a hybrid offence that is being treated as summary, you can have a lawyer, court worker or a friend or a family member (called an "agent") go to court for you and ask for an adjournment. A lawyer or court worker can also do other things without you being there but a friend or family member can only request an adjournment. 

If you are charged with an indictable offence, a hybrid offence being treated as indictable or a hybrid offence that the Prosecutor has not yet made a decision about, you need to appear in court in person unless your lawyer has permission to appear for you and has told you that. Otherwise, you must be there in person. 

In any situation, it is better to have someone appear for you and explain your situation instead of just not appearing. 

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Department of Justice Canada

PLEA gratefully acknowledges funding from the Department of Justice Canada for the development and printing of this resource.

Cree Nisga'a Clothing

The beautiful original artwork in this resource was created by Cree artist Linda Lavallee, owner of Cree Nisga’a Clothing.