I received a summons to appear, do I have to go?
Short answer
Yes. In Canada, failing to appear without lawful excuse when you are required to do so by a summons, an undertaking or an order is a separate offence under section 145 of the Criminal Code, and the court can issue a warrant for your arrest.
In detail
A summons or a citation to appear creates a legal obligation to be there on the date, at the time and at the courthouse indicated. Ignoring the document does not make the case go away: it adds a charge to it.
Two things are worth checking as soon as you receive it: the exact date and the exact place. There are many courthouses and courtrooms change; going to the wrong address produces the same result as not showing up at all.
If it is impossible for you to attend, you have to act before the date, not after: contact your lawyer or the court registry, and document the reason.
If you are summoned as a witness rather than as an accused person, the obligation to attend exists as well, with its own consequences if you do not.
What to document
Keep the original document you received and note immediately the date, the time, the address of the courthouse and the file number. Note the date you received the document as well. If you have to report that you cannot attend, note who you spoke to, when, and what you were told.
Put your facts in writing, free. Writing your version down early, keeping your documents dated and preparing your questions for a lawyer: the tool is there to document, never to advise.
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Official sources
- Criminal Code, s. 145 — Justice Laws Website
- The judicial process in criminal cases — Gouvernement du Québec
Related questions
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What this page is not
This is general legal information about the law of Quebec and Canada, dated and sourced. It is not legal advice, not a strategy, and not a prediction about the outcome of a case. In Quebec, only lawyers and notaries may give legal advice (Act respecting the Barreau du Québec, ss. 128 and 133). Laws and amounts change: the official source always prevails over us.