A court summons is a formal legal document that requires a person to appear in court at a specific date and time. In Canadian criminal law, a summons is usually issued when someone is charged with a criminal offence but is not arrested at the time of the charge. Receiving a court summons means that you must attend court to address the allegations against you. Failing to attend can result in a warrant for your arrest and additional criminal charges.
This article explains what a court summons is, how it differs from other legal documents like an arrest warrant or appearance notice, what happens if you ignore it, and how a criminal defence lawyer can help you respond to it properly.
What Is a Court Summons?
A court summons is a legal document issued under section 509 of the Criminal Code of Canada. It requires the person named in the summons to attend court to answer to criminal charges or to act as a witness in a legal proceeding. The summons will include key details such as:
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Your name and contact information
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The offence(s) you are being charged with
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The date, time, and location of your required court appearance
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The level of court (e.g., Ontario Court of Justice)
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Instructions for next steps
Unlike an arrest, a summons allows you to remain in the community until your court date, provided you follow the conditions outlined.
How Is a Court Summons Delivered?
A court summons is typically personally served—meaning a police officer or another official hand-delivers the document to you. In some cases, it may be mailed or delivered to your lawyer. Once served, you are legally obligated to attend court on the date listed in the summons.
If you are unsure whether you have been served correctly or whether the document is valid, it is important to speak with a criminal defence lawyer right away.
Why You Might Receive a Court Summons
You may receive a court summons if:
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You are charged with a criminal offence but not arrested
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Police or the Crown want you to appear as a witness
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You are involved in a legal matter such as a private prosecution
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You failed to respond to an earlier notice or ticket and the matter has escalated
Court summonses are often used in less serious offences, such as theft under $5,000, mischief, or assault where the police do not believe immediate arrest is necessary.
What Happens If You Ignore a Court Summons?
Ignoring a court summons is a criminal offence. If you fail to appear in court as required, the judge may issue a bench warrant for your arrest under section 512 of the Criminal Code. You may also be charged with failure to appear, which is a separate offence under section 145 of the Code.
Consequences of ignoring a summons may include:
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Immediate arrest and detention
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Additional criminal charges
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Increased difficulty securing bail
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A negative impact on your credibility in court
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A criminal record, even if the original charge is minor
If you cannot attend court due to illness or emergency, it is critical that you notify your lawyer or the court in advance and provide documentation if necessary.
How to Respond to a Court Summons
If you receive a court summons, follow these steps:
1. Read the Document Carefully
Note the date, time, and location of your court appearance. Determine whether it is for a criminal charge or a witness appearance.
2. Contact a Criminal Defence Lawyer
If you are being charged, do not attend court without legal advice. A lawyer can explain the nature of the charge, appear in court on your behalf in many cases, and begin building a defence strategy.
3. Prepare for Your Appearance
Bring any relevant documentation and arrive early. If your lawyer is appearing for you, confirm whether you are required to be present.
4. Comply With All Court Orders
If the court imposes conditions or schedules further dates, ensure you follow all instructions to avoid further legal issues.
Court Summons vs Appearance Notice vs Arrest Warrant
It’s important to understand how a court summons differs from other legal notifications:
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Court Summons: Issued by a judge or justice of the peace; requires the person to attend court at a set time
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Appearance Notice: Issued by a police officer at the time of a charge or after release; serves a similar function to a summons but without court approval
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Arrest Warrant: Authorizes law enforcement to arrest a person and bring them before the court immediately
While all three documents compel attendance in court, a summons typically follows a police investigation and is used when arrest is deemed unnecessary.
Can You Reschedule a Court Summons Date?
In some cases, it may be possible to reschedule your court date, but you must act quickly. Your lawyer can appear in court on your behalf and ask the court to adjourn the matter to a later date. You cannot simply ignore or delay responding to the summons without taking formal steps through the court system.
Never assume that rescheduling is automatic. Failing to attend without permission can result in serious consequences.
Role of a Criminal Defence Lawyer
If you’ve been served with a court summons for a criminal charge, a lawyer can help you:
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Understand the charge and your legal obligations
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Appear in court on your behalf
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Protect your rights during all court proceedings
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Engage with the Crown early to explore resolution options
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Begin preparing your defence, gathering evidence, and interviewing witnesses
If the summons relates to an investigation or witness testimony, a lawyer can advise you on what you are legally required to say and whether you may face legal risk as a result of your appearance.
Why Choose De Boyrie Law
At De Boyrie Law, we assist clients across Toronto who have received court summonses for criminal matters. Whether you’ve been charged with an offence or are being asked to appear as a witness, we help you understand your rights, avoid missteps, and prepare for the process ahead. We offer clear legal advice, strong courtroom advocacy, and focused defence strategies designed to protect your future.
Schedule a Free Consultation with De Boyrie Law
If you’ve received a court summons, don’t wait until your court date to get legal help. Contact De Boyrie Law today for a free, confidential consultation. We’ll review the document, explain your obligations, and guide you through the next steps in your case.