Can You Travel While on Bail in Canada?

October 17, 2024

Being released on bail is a life-changing step in the pre-trial process, and navigating its conditions can be complex, especially when understanding your rights and limitations concerning travel. In Canada, bail is a legal mechanism that allows an accused person to remain free before their trial, often with specific conditions attached. These conditions, set by the court, are crucial to maintaining public safety and ensuring you attend future court dates. A common condition imposed by the judge is travel restrictions, which can significantly impact your personal freedom.

travel during bail

This blog will look closer at the complications of bail conditions in Canada, especially whether and under what circumstances you can travel while on bail.

Understanding Bail Conditions in Canada

When you are granted bail in Canada, it typically comes with a set of conditions that are determined by the court. These conditions vary depending on the nature and severity of the charges, your personal history, and the judge’s discretion. Bail conditions are safeguards to ensure you comply with legal requirements, attend court hearings, and limit risk of further criminal activity.

One of the most common conditions imposed is travel restrictions. These restrictions aim to reduce the risk of you fleeing the jurisdiction or interfering with the judicial process. Sometimes, you may be required to stay within a specific geographic area or report your whereabouts to the authorities. The judge has to weigh your rights while considering public safety and the probability of you attending any future court dates.

ALSO READ: How Should I Prepare For My Bail Hearing?

Factors Influencing Bail Conditions

The conditions attached to bail are not arbitrary. Judges assess several factors before deciding on the specifics, ensuring they are proportionate to the individual case. The Canadian bail system follows the so-called “ladder principle,” meaning the Crown must prove each step from less to more restrictive forms of release or conditions. The Criminal Code of Canada defines it as the following:

515 (1) Subject to this section, where an accused who is charged with an offence other than an offence listed in section 469 is taken before a justice, the justice shall, unless a plea of guilty by the accused is accepted, order, in respect of that offence, that the accused be released on his giving an undertaking without conditions, unless the prosecutor, having been given a reasonable opportunity to do so, shows cause, in respect of that offence, why the detention of the accused in custody is justified or why an order under any other provision of this section should be made and where the justice makes an order under any other provision of this section, the order shall refer only to the particular offence for which the accused was taken before the justice.

If the judge or justice of the peace does not agree to release you without any conditions, the above-mentioned “ladder” comes into play.

(2) Where the justice does not make an order under subsection (1) [to release the accused on an undertaking without conditions], he shall unless the prosecutor shows cause why the detention of the accused is justified, order that the accused be released.

Here are some of the key factors that influence bail conditions:

  • Severity of the Charges: The nature of the charges plays a significant role in setting bail conditions. As the allegations become more severe (such as violent offences or large-scale fraud), stricter conditions are often imposed, including tighter travel restrictions.
  • Risk of Flight: If you are perceived as a flight risk, meaning you might attempt to flee the country or evade the legal process, more restrictive travel conditions will likely be enforced. Factors such as citizenship, access to resources, international connections, and personal background, will influence this decision.
  • Criminal History: Your prior criminal record (if any) can also impact the severity of bail conditions. If you have a history of failing to comply with court orders, you may face stricter limitations, including tighter travel constraints.
  • Community Ties: If you have strong ties to your community—such as family, employment, or property—you are less likely to be perceived as a flight risk. As such, you might face fewer travel restrictions compared to someone with weak community connections.

These factors are all assessed during the bail hearing, where the judge or justice of the peace makes a legal assessment and imposes the appropriate conditions.

Common Types of Travel Restrictions

Travel restrictions attached to bail can take various forms, depending on the specifics of the case. Here are some common types:

  • Jurisdictional Restrictions: The court may require you to remain within a particular jurisdiction, such as your province or territory. This restriction is intended to prevent you from fleeing the legal process and to ensure you are available for court appearances.
  • Surrender Travel Documents: As a condition of your bail, the court may require that you surrender any travel documents to the police until the completion of your court case.
  • Reporting Requirements: In some cases, when you are released on bail, you may need to report regularly to law enforcement, either in person or by phone, to confirm your location.
  • Geographic Limitations: Some conditions may limit travel to certain areas, prohibiting you from leaving your home region without prior permission from the court or a bail officer.

These restrictions are designed to balance the need for public safety with your personal freedom and are applied according to the circumstances of each case.

Process of Requesting Permission to Travel

A condition of bail can only be amended with the permission of the court. A “bail variation” application must be filed with the court, which details certain information. If you to change a travel restriction, consider the following:

  • Collect necessary information: Collect any information and supporting documents that support the reason for the change to your travel restriction.
  • Approval from Crown Attorney: The easiest and most cost effective route to a bail variation is by obtaining the consent of the Crown Attorney. If the Crown agrees, a consent bail variation can be filed with the court for approval. If the Crown does not agree, a formal application will have to be filed with the court, referred to as a “bail review”.
  • Consulting an Experienced Lawyer: While not absolutely necessary to apply for a bail variation, the reality is an experienced bail lawyer will help guide you through the process of applying for a bail variation, and, more often than not, be the reason your request is successful, and not denied. For example, by providing guidance as to what supporting documents should be collected and effectively advocating on your behalf with the Crown Attorney for a consent variation, thus avoiding a costly “bail review” court application.

Grounds for Granting Travel Permission

The court may grant permission to travel under specific circumstances, but you must provide a compelling reason.

  • Travel Restriction No Longer Necessary: The most compelling reason to delete a travel restriction is that it is no longer necessary. Bail hearings occur at the very infancy of the court process. As a result, bail conditions, such as restrictions on travel, will often be included by a court on the basis of less than complete information. As new and further information is obtained, such as through the receipt of Crown disclosure, the reasons that justified the travel restriction evaporate. For example, if the travel restriction was included on the basis of “concerns” for access to international jurisdictions, which is later undermined by the evidence received in your disclosure, that travel restriction is no longer necessary and should be deleted.
  • Permanent, Not Just Temporary: Versus most requests to vary travel restrictions (discussed below), the greatest benefit of seeking a variation based on the argument that the condition is no longer necessary, is that the change is not just temporary, but permanent.

Other reasons to seek a variation of bail travel restrictions include:

  • Family Emergency: In cases of severe illness or death in the family, the court may allow you to travel.
  • Work Requirements: If travel is essential for employment, and you can demonstrate the necessity of the trip, the court may grant permission.
  • Medical Necessity: The court may also permit travel if it is required for essential medical treatment that cannot be obtained locally.

Supporting documentation, such as letters from employers or medical professionals, is typically required to justify the travel request.

Consequences of Traveling Without Permission

Travelling while on bail without proper authorization is a severe offence in Canada. Violating bail conditions can result in:

  • Bail Revocation: The court may revoke your bail, meaning you could be taken into custody until your trial.
  • Additional Charges: Non-compliance with bail conditions could lead to further legal charges, making your legal issues even more severe.
  • Legal Penalties: Violating bail conditions is treated as a severe offence under the Criminal Code of Canada, and penalties may include fines or imprisonment.

Case Studies of Travel Permission in Canada

To provide a clearer understanding, here are some examples of how Canadian courts have handled travel requests while on bail:

  • In a case involving a family emergency, the court granted the accused temporary travel permission due to the death of an immediate family member. The individual provided supporting documentation and complied with all other bail conditions.
  • In another instance, a request for work-related travel was denied because the accused failed to demonstrate that the trip was essential. Given the nature of the charges and previous non-compliance with court orders, the court deemed the individual a flight risk.

bail conditions

These case studies illustrate how travel permission requests are evaluated on a case-by-case basis, with the courts weighing the risks and necessity of each request.

Working with a Lawyer to Navigate Bail Conditions

Navigating bail conditions, especially those related to travel, can be complex. Working with an experienced bail lawyer is critical to ensure that you fully understand your obligations and rights under Canadian bail law. A lawyer can assist with:

  • Filing Travel Requests: They will ensure all paperwork is submitted correctly and guide you through the legal process.
  • Representing You in Court: If your travel request requires a court hearing, your lawyer will represent your interests and advocate on your behalf.
  • Requesting Bail Modifications: If you need long-term changes to your bail conditions, a lawyer can help request modifications.

ALSO READ: Top Mistakes to Avoid When Seeking Bail in Toronto

Federowicz Law’s Expertise in Bail and Travel Restrictions

At Federowicz Law, we specialize in helping clients navigate the complexities of bail conditions, including travel restrictions. With our extensive knowledge of Canadian bail law, we are dedicated to providing the legal support you need to manage your case effectively. Whether you need assistance with requesting travel permission or modifying your bail conditions, we are committed to guiding you through the process and protecting your legal rights.

If you or someone you know is expecting a bail hearing while awaiting a trial, speaking with an experienced criminal lawyer at Fedorowicz Law is vital to address any concerns you may have.

With over 20 years of experience in bail hearings, client preparation and legal consultation, Richard Fedorowicz has a proven track record of successful bail hearings. He will be able to answer any of your bail hearing critical questions and concerns. Call 249-266-4222 today to find out how we can help you with your bail hearing.