What happens if I do not show up for my court date?
Short answer
In Canada, failing to appear without lawful excuse is a separate criminal offence under section 145 of the Criminal Code. The court can also issue a warrant for your arrest.
In detail
Section 145 covers both failing to comply with a condition and failing to appear when you are required to do so by an undertaking, a summons or an order. The offence is hybrid, with a maximum of two years' imprisonment on indictment.
In practice, an unexplained absence generally leads to two things: a new charge and the issuing of a warrant. That warrant stays active until it is executed or cancelled, which means a simple traffic stop can lead to an arrest months later.
The law does provide for the exception of a “lawful excuse”. A hospitalization, an accident or a serious documented obstacle are not treated the same way as a plain no-show — but you have to be able to prove it, and to act fast.
What to document
If you miss a date, document the reason immediately: a medical note, an accident report, proof of hospitalization, a letter from your employer. Note the time and the content of any call you made to the court registry or to your lawyer to report the problem. How quickly you act counts as much as the reason itself.
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
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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.