Legal Question in Criminal Law in Canada

Re: transfer of files between provinces

Normally trials are suppose to take place where the offence occurs. They may be, but rarely are, held where the defendant is arrested. The defendant does not have a choice regarding the location of trial, but a change of venue application is possible.

If there is to be a guilty plea, the defendant can request a transfer, but only with the consent of the prosecutor. Most prosecutors consent to such transfers as most transfers are for routine matters.

The transfer provisions of the Criminal Code include the following:

Section 478 provides that a court, in the province where an accused is, has jurisdiction over an offence committed in another province if it is an offence over which it would otherwise have jurisdiction, if the Attorney General of the transferring province, or the Attorney General of Canada, as the case may be, consents and the accused signifies his intention to plead guilty and the accused pleads guilty.

Section 479 provides that a court, in the place where an accused is, has jurisdiction over an offence committed in another part of the province if it is an offence over which it would otherwise have jurisdiction, if the Attorney General of the province, or the Attorney General of Canada, as the case may be, consents and the accused signifies his intention to plead guilty and the accused pleads guilty.