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    DanielP29's Avatar
    DanielP29 Posts: 8, Reputation: 1
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    #1

    Apr 14, 2016, 09:18 PM
    Ontario Warrant - Living in Quebec
    I have an ontario warranty for my arrest (fraud under $5000). I live in quebec, I assume for a charge like this it's definitely provincial warrant and not canada-wide so what happens if I'm pulled over in quebec?
    I doubt that Toronto Police would come to quebec to get me.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Apr 14, 2016, 09:47 PM
    Is it for 4900 or for 10. That can make a difference.

    But if you are stopped, you may be detained long enough for them to determine if they will come and get you. (this time) they may detain you and check, each time you are stopped.

    Often they will arrange one department transport about 1/2 way, and then picked up. And/or, they may often have jail and prison transports which you would be assigned to.
    DanielP29's Avatar
    DanielP29 Posts: 8, Reputation: 1
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    #3

    Apr 14, 2016, 10:47 PM
    Ok but would Quebec police even want to deal with/act on ON warrant if it's provincial?
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    joypulv Posts: 21,591, Reputation: 2941
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    #4

    Apr 15, 2016, 02:15 AM
    You are making the rash assumption that police all act the same. It depends on who it is, when, how busy they are, how they feel at the moment, maybe even whether or not they like the sound of your name.
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    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Apr 15, 2016, 05:08 AM
    The motto of the RMCP is they always get their man! So they just may not be happy about someone who ducked out on an arrest. But as Joy said, it depends on a number of factors as to whether the Quebec police will want to hold you for an Ontario warrant or even whether Ontario would want to come get you.

    What I can tell you is if you are caught the fact that you ducked out on a warrant WILL be held against you. On the other hand if you turn yourself in, that will be favorably considered.
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    DanielP29 Posts: 8, Reputation: 1
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    #6

    Apr 15, 2016, 05:35 AM
    I didn't mean how would an officer feel like but more from a legal perspective, it's a provincial warrant (so nothing to do with RCMP as if it was canada-wide). I just don't know if there's a procedure in place for something like this.
    I read on here of a case when someone was arrested for dui in Ontario, went to court and they saw he had a quebec warrant and the judge said this is ON, we don't deal with quebec warrants.
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    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Apr 15, 2016, 06:36 AM
    And that was a specific judge in a specific case. The judge probably wanted to punish him for his Ontario offense before dealing with the Quebec one.

    Again, you are asking us to tell you whether there is a specific protocol where there isn't.
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    DanielP29 Posts: 8, Reputation: 1
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    #8

    Apr 15, 2016, 07:04 AM
    I just went to a local police station, wanted to clear this up/deal with it and they actually turned me away! They said it's ON warrant and it's provincial so they can't help me and if I want to clear it up to go back to ON.
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    ScottGem Posts: 64,966, Reputation: 6056
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    #9

    Apr 15, 2016, 07:54 AM
    That is that police station, but I would have told you, that you need to clear it up with Ontario. What I would do is contact an attorney in the area where the warrant was issued and have them work with you on it.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #10

    Apr 15, 2016, 06:05 PM
    The provincial warrant still shows up in the data base. No the police station there can not help clear it up. Quess what even the police station in that province where the warrant is, can't clear it up. Only the court in the province it was issued can clear it up. You can hire an attorney in that province to attempt to clear it up, without you appearing, but most likely you will have to go there, to clear it up.

    But It still stands, in the US, when I ran warrants, on Canadian people, the provincial warrants showed up in the US even and we detained them, in the US, till the issue was solved.

    It will also stop you from crossing the border now.
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    DanielP29 Posts: 8, Reputation: 1
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    #11

    Apr 16, 2016, 08:55 AM
    Fr_Chuck, so you'd detain someone in the USA on a Canadian warranty but it's provincial/non-returnable, so what did you do then? Contact Canadian law enforcement to see if they would come to pick up the person and when said no..
    The way I see it it works same within Canada, they can detain a person, contact issuing province/city and when they refuse to come 1000+miles to pick up the person they release them.
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    smoothy Posts: 25,492, Reputation: 2853
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    #12

    Apr 16, 2016, 06:23 PM
    Yeah but you might sit in a holding cell for a week or more before that happens. I know someone that happened to. Set in a holding cell for a week before they cut them loose because the other state didn't want to spend the time or money. And it took that long for everything to run its course.

    THe warrant doesn't go away... you might find yourself driving through there 10 years from now get pulled over for for a burned out tail light and find yourself in handcuffs. Best to get it dealt with now... however you choose to do it.
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    DanielP29 Posts: 8, Reputation: 1
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    #13

    Apr 22, 2016, 07:49 PM
    Well here's a twist - I don't know if there's a warrant!
    Last time I spoke with the police and was asked to come in, and I was already in QC, officer said if I don't come in he will have a warrant issued. I didn't go back to ON, and he never called me back.

    Shouldn't he call me at least to tell me he got a warrant issued? If anything just to let me know he did that and I should turn myself in?
    No calls at all and police here in QC won't do anything. Unlike in the states here in Canada police or courts will never confirm a warrant.

    Also, I did cross the border into USA from Quebec, no issues going to USA or coming back. Then I heard that agents on both sides, in the booth, have no access to criminal records/warrants etc. and unless I'm sent for secondary they wouldn't see a warrant, if one exists - is this true?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #14

    Apr 23, 2016, 03:14 AM
    You go to a local police station and ask them to check to see if there is a warrant on you from that location.

    But by law if there is a warrant on someone, and a police officer knows it, and does not detain them, they could be fired, and/or if that person later does a serious crime may have civil liability for it.

    The silly part of it, that if this is at night, weekend and/or holiday, often there is some low level, person on duty that has to make the choice. Most decisions are make within a hour, but if detained, they can later change their minds to release you.
    talaniman's Avatar
    talaniman Posts: 54,327, Reputation: 10855
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    #15

    Apr 23, 2016, 05:55 AM
    Consult a local lawyer and get the facts and end this speculation and ease your mind about the risks of losing your freedom. Consultations are often free and if you spend a few bucks to get the FACTS, it would be well worth it.
    DanielP29's Avatar
    DanielP29 Posts: 8, Reputation: 1
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    #16

    Apr 23, 2016, 02:28 PM
    I will do that on Monday.

    I'm curious though, when crossing from Canada to USA, driving, when they scan my passport (both sides, in the booth) do they see if I have a warrant?
    I checked online online online say booth computer only verifies if the passport is valid and isn't connected to CPIC or any criminal database.
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #17

    Apr 23, 2016, 03:19 PM
    Quote Originally Posted by DanielP29 View Post
    I will do that on Monday.

    I'm curious though, when crossing from Canada to USA, driving, when they scan my passport (both sides, in the booth) do they see if I have a warrant?
    I checked online online online say booth computer only verifies if the passport is valid and isn't connected to CPIC or any criminal database.
    I am a CDN citizen. Why don't you just OWN up and do due diligence. Yes, I don't know what you saw online. They KNOW everything about you because of their HOMELAND security. So they are UPDATED.

    Phone CDN immigration. You don't have to identify yourself. On line means NOTHING.
    DanielP29's Avatar
    DanielP29 Posts: 8, Reputation: 1
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    #18

    Apr 23, 2016, 04:12 PM
    I'm sure they have access to all the information but it seems they don't in the booth and unless they send someone for secondary inspection, and CBSA wouldn't answer me that question.
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #19

    Apr 23, 2016, 04:39 PM
    Quote Originally Posted by DanielP29 View Post
    I'm sure they have access to all the information but it seems they don't in the booth and unless they send someone for secondary inspection, and CBSA wouldn't answer me that question.
    Go right to the source, or the horses mouth, and ask immigration your questions if you want completely qualified answers because anyone here would have to do that to answer your question. We are all volunteers here guy so I for one will not work that hard to answer your question if you can access the information yourself by looking for it.

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