03/25/2025
Before the Ontario Court of Justice
Facts: Rodrigo (not his real name) was charged with assault when he choked his wife in the course of an altercation. He attended his first set date but failed to attend his second set date. Rodgrigo was issued a discretionary bench warrant. The Crown (Prosecutor) elected to proceed with the matter summarily (criminal proceeding for less serious offences).
Issue: When is the bench warrant enforced?
Disposition: A discretionary bench warrant is issued by a judge, as part of his court administration when a defendant fails to attend his court date. It is not immediately executory unless the defendant fails to attend his next court date in which case, the defendant could be arrested. It is different from a bench warrant which is issued, upon application by a police officer, when there is a probable cause that a person has committed an offence, and which carries has no timeline to enforce.
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