When you face criminal charges, leaving Canada may be restricted or require court approval. Even if you are not explicitly prohibited from leaving the country, your bail conditions may include other limitations such as the requirement to deposit your passport or not use a device capable of accessing the internet, which make leaving Canada unfeasible.
Accordingly, your ability to leave the country while under criminal investigation may depend on individual circumstances in your case and require legal advice. Below, we discuss what bail conditions affect your ability to leave Canada, how to request permission to cross the border, and what factors courts consider before allowing travel.
Key Takeaways:
- Leaving Canada while facing criminal charges is often restricted by bail conditions or requires court approval.
- Common limitations include passport surrender, travel restrictions, curfews, or geographic boundaries.
- Even without explicit travel bans, missing court dates or border issues can lead to serious consequences.
- Travelling without permission may result in the revocation of bail and additional charges under Section 145 of the Criminal Code.
- Entry to the United States is not guaranteed, even with court permission, as decisions are made by border officers.
- You can apply for a bail variation to request travel, but you must provide strong reasons and proof of ties to Canada.
- Legal advice is essential before planning any travel to avoid risking your case.
Are You Allowed to Leave Canada While Facing Charges?
If you are released after arrest and laying of the charges for a criminal offence, you will be expected to attend court hearings in Canada. Additionally, the conditions of your release may include restrictions, such as limitations on travel or leaving the country.
The scope of limitations is usually defined by a release order, such as a bail order or a conditional release. However, even in the absence of restrictions to leave Canada, you may experience complications with your travel in the absence of explicit permission.
What Bail Conditions Affect Travel?
If you are charged with a criminal offence and released from custody, the judge will make a release order setting out the conditions you need to observe while awaiting the trial.
The list of conditions applied by courts when someone is released on bail is outlined in Section 515 of the Criminal Code and can include, among others:
- depositing your passport to prevent travel,
- remaining within a particular territorial jurisdiction,
- not possessing or using a device for accessing the internet,
- staying under house arrest,
- observing a curfew,
- wearing an ankle bracelet.
Can You Travel with Pending Criminal Charges If Your Bail Conditions Allow It?
Obviously, some bail conditions, such as depositing your passport or remaining within a particular jurisdiction, make it impossible to travel or leave the country. However, even in the absence of such limitations, travelling can be risky and lead to breaching your bail.
Although your release order may not have limitations on travel, you will still be expected to attend court on certain dates and times. At the same time, travel creates a risk of missing court dates, while facing criminal charges may lead to border complications and issues with re-entry.
What Happens If You Leave Canada Without Permission?
In many cases, leaving Canada while on bail without explicit permission can result in a breach of your release order, either intentionally or unintentionally. As a result, your bail may be revoked, and you can be arrested with or without a warrant when you return.
Importantly, breaching bail is a separate criminal charge punishable under Section 145 of the Criminal Code, which will be added to your main charges. Finally, breaching bail can hurt your credibility in court, make your defence more complicated, and may lead to a heavier penalty.
Can You Travel to the United States While Facing Charges?
Even if you have no restrictions to cross the border while facing charges or have received explicit permission to travel while on bail, you may still face issues when entering the United States. The U.S. Customs and Border Protection (CBP) can access the Canadian Police Information Centre database containing data about criminal charges, including pending cases. Allowing you entry to the US is at the sole discretion of the CBP officers, while pending charges often affect admissibility.
How to Request Permission to Travel
When you are seeking opportunities to travel within Canada or cross the border when facing criminal charges, you can request permission to travel or a variation to your release conditions. Usually, the process should include the following main steps:
- Speaking with a Lawyer: It’s advisable to consult a criminal defence lawyer to check the opportunities available in your specific situation, given the seriousness of the charges and other circumstances.
- Applying for Bail Variation: If your bail conditions include direct or indirect restrictions on travel, you can ask the court to change your bail conditions by filing an Application for Consent Variation of Bail.
- Providing the Details about Your Travel: When you apply for permission to travel, you will usually need to provide the details about your trip, including the purpose, the itinerary, and travel dates, including the date of return.
- Showing Strong Ties to Return to Canada: Most often, you will need to support your application by showing strong ties to return to Canada, for example, related to your employment, family or property.
What Factors Courts Consider Before Allowing Travel
When the courts review the application to vary bail conditions or allow travel, the judges consider multiple factors to assess the risk of non-attendance, threat to society, and other circumstances. For example, for those who seek to know if they can leave Canada with an assault charge, the answer will largely depend on the severity of the alleged assault, the presence of bodily harm, or other aggravating circumstances.
In addition to factoring in the seriousness of the charges, the judges will consider instances of any prior non-compliance and whether you have a criminal record. On the other hand, such factors as having a permanent residence, employment or property can work in your favour, demonstrating strong ties to Canada.
What Happens If You Miss Court While Abroad?
When you leave the country with a pending court case, you can miss the hearing due to multiple reasons which you cannot directly control, including delays in transit, issues at the border, or other unforeseen circumstances. At the same time, if you miss the court, either intentionally or accidentally, the judge may issue a warrant for your arrest and revoke your bail. You may also face additional criminal charges for breaching your bail, complicate any future bail applications, and significantly worsen your case.
Special Situations
That said, there are specific life circumstances where you may need to travel within Canada or abroad while facing pending criminal charges. You can mention these situations when applying for a variation of bail to convince the court to grant you permission.
For example, having a family emergency or a work-related need to travel may be used as an argument to persuade the judge to allow you to travel while the charges are pending. At the same time, you will need to support your application by demonstrating strong ties to Canada and other facts, which may require obtaining legal advice.
Why Legal Advice Is Critical Before Travelling
If you consider travelling while facing pending criminal charges, obtaining qualified legal advice is essential to avoid hurting your case. Even if you don’t have explicit restrictions for travel in your release order, you may need to obtain explicit permission, which requires observing the legal procedure and professional guidance. An experienced criminal lawyer can help assess the individual circumstances of your case, evaluate your chances of obtaining permission to travel, and guide you through the process to strengthen your application.
FAQs
Can I travel out of Canada with pending charges?
Generally, you can cross the border with pending charges if your release order does not contain restrictions on travel and you did not deposit your passport. However, it’s always advisable to contact your lawyer before international travel to account for all the circumstances in your case.
Do I need court permission to leave Ontario?
If your bail conditions restrict you to staying within Ontario, you will need to apply for a bail variation to leave the province. At the same time, even if you don’t have restrictions on travel while facing criminal charges, it’s advisable to consult a lawyer before travelling.
Can I leave Canada with a criminal record?
Generally, you can leave Canada if you have a criminal record, if you don’t face other restrictions, for example, an undertaking to remain within a particular territorial jurisdiction while on bail. Having a criminal record does not prevent you from crossing the Canadian border, although it can present complications for entering another country, for example, the United States.
Will the U.S. deny entry if I have a criminal record?
The U.S. Customs and Border Protection (CBP) has access to the RCMP databases and can see information about pending charges or a criminal record. Allowing you to cross the U.S. border is fully at the discretion of the CBP officers, and pending charges or a criminal record can be the reason for entry denial.
Can I get my passport back while on bail?
If your bail conditions require you to deposit your passport, you will need to apply for a bail variation to have it returned.
What happens if I leave Canada without permission?
If you leave the country without permission while restricted in travel by bail conditions, you can face additional criminal charges under Section 145 of the Criminal Code. In addition, your bail may be revoked, you can be arrested, and placed in custody until trial.
Can bail conditions be changed for travel?
You can apply for a variation to change your bail conditions and obtain permission to travel. You can file your application following the procedure established by the Ontario Court of Justice.
Can I travel with pending criminal charges within Canada?
If your bail conditions do not restrict you to a particular territory, you are generally not prohibited from travelling within Canada. At the same time, you need to ensure that your travel plans do not interfere with your court dates and other conditions of your release.
