Can I transfer my case to another court?

Depending on the reason, you may be able to transfer your charges to a different court location. You can only transfer your charges if the Crown prosecutor or a judge gives you permission.

The Crown will be more likely to give you permission if:

• you want to plead guilty,
• you live far away from the court and there is a courthouse closer to home, or
• you have outstanding charges at another courthouse and you want to have all your charges handled together.

If you have more than one charge and they are transferred to the same courthouse, you can have one plea deal to resolve all your outstanding charges. This is called a global resolution.

Change of venue motion

You may also ask a judge to transfer your charges because you don’t think you can get a fair trial in the place you were charged. This may be due to publicity, or the type of people who live where you were charged.

You can only use this reason to ask for a transfer if you’re charged with an indictable offence and have chosen to have your trial in the Superior Court with a jury. Your lawyer will have to make a “change of venue motion”. This motion will only be successful if the circumstances are extreme. The judge must be convinced it would be unfair to have your trial in the original location.