When our law firm helps a Greater Toronto Area client navigate their release from custody after being charged with a criminal offence, one of the first questions they often ask is, “Can I travel while on bail?”
Our bail hearing lawyers say it typically depends primarily on the severity of the charges, as well as any criminal record and prior judicial interim release experience. However, the answer to the question of whether you can travel while on bail in Canada is subjective and based on the whims of the police or a bail hearing judge. Both have broad discretion in setting the conditions authorizing one’s release on bail, and travel restrictions are one of more than a dozen conditions they can impose.
“ Many clients are surprised by how restrictive bail conditions can be,” says Jeff Mass , co-managing partner at Mass Tsang. “Travel is not a right while on bail — it’s something that must be specifically allowed in your release conditions.”
Judicial interim release—AKA “bail”—is governed primarily by Part XVI of the Criminal Code, “ Compelling Appearance of Accused Before a Justice and Interim Release .” Let’s examine how this works in practice and the implications it can have on one’s ability to travel while out on bail.
If the police charge you with a criminal offence, the best immediate-term consequences are that an officer merely issues you a summons to appear in court at an appointed time and date. Otherwise, the officer will place you under arrest and transport you to the police station for processing. If the police take you into custody, your release will depend on the severity of the offence, your criminal history, whether you’re currently on bail for another offence, and other factors. The Criminal Code gives the police discretion to release those arrested for many minor offences that do not involve violence or weapons, provided the alleged offender does not pose a risk to the public and is not currently released on bail for another charge. In many such cases, the police will release arrested suspects without any conditions beyond a written promise to appear in court. However, the Form 10 “Undertaking” release document includes more than a dozen bail conditions—including travel restrictions—that can be imposed as a release condition.
| Release Type | Who Grants It | Typical Conditions | Travel Restrictions |
|---|---|---|---|
| Summons | Police | Court appearance only | None |
| Undertaking (Form 10) | Police | Reporting, behaviour conditions | May restrict travel or passport |
| Release Order (Form 11) | Judge | Surety, curfew, reporting | Often strict (home, city, country limits) |
The Criminal Code requires police to detain criminal suspects arrested for the most serious indictable offences, as well as those arrested for offences that occurred in other jurisdictions. It also gives them the discretion to maintain custody of those arrested, depending on several other parameters, including:
“ Judges are primarily concerned with ensuring that the accused attends court and does not pose a risk,” adds Robbie Tsang . “If travel creates uncertainty around either of those factors, it will almost always be restricted.”
Anyone kept in custody by the police is entitled to a bail hearing within 24 hours if a justice is available, or as soon as possible (e.g., on weekends) if not. If the detained suspect can convince a bail hearing judge that they should be granted pretrial release, they will be granted a Form 11 Release Order that is similar to the Undertaking, though with even more conditions, including a bail bond and/or the supervision of a surety.
| Type of Restriction | What It Means in Practice |
|---|---|
| Geographic limits | Cannot leave city, province, or country |
| Passport surrender | Prevents international travel |
| Curfew / house arrest | Must remain home at set times |
| Reporting requirements | Must check in regularly with police/surety |
| Location bans | Cannot visit certain areas |
| Travel notification | Must get approval before leaving area |
Both release forms contain similar specific and inherent restrictions on travel, such as:
Travel restrictions are just one of many onerous conditions that can be imposed on anyone released on bail. If you’ve been arrested and are facing a potential bail hearing in the Greater Toronto Area, contact the skilled bail hearing lawyers at Mass Tsang. Our lawyers are highly effective at helping clients secure the least restrictive bail conditions possible and at obtaining variations to their travel restrictions when needed. To mount the most effective criminal defence possible, start early by navigating your pretrial release with Mass Tsang. Contact us today for a free consultation.
A: Section 515 of the Criminal Code provides police and bail hearing judges broad discretion to dictate the terms of any travel restrictions, including provisions requiring house arrest and ankle bracelet monitoring. Other potential conditions include:
A: If the police or bail hearing judge releases you on bail, travel restrictions are one of a dozen or so potential conditions that you must comply with under the terms of your release. The order may limit your travel outside your home city, municipality, county, or province, and prohibit leaving the country.
A: Surrendering one’s passport is included as a potential release condition in both the Form 10 police Undertaking and Form 11 bail hearing release documentation. The severity of the offence typically dictates the degree of travel restrictions the police or a bail hearing judge may impose on those released on bail. Ontario police rarely impose the surrender passport condition on those released via an Undertaking.
A: If your release order includes travel restrictions, you can petition the prosecutor to approve a variation of the conditions to allow your travel. Depending on the severity of the charges and any historic compliance with release orders, most prosecutors will grant such variations if presented with compelling, legitimate reasons for the requested travel restriction waiver.
A: Breaking travel restrictions while out on bail is a Section 145 Criminal Code offence that carries a maximum sentence of two years imprisonment if prosecuted as an indictable offence or six months in jail if prosecuted as a summary conviction offence.
| Violation | Criminal Code Section | Potential Consequences |
| Breach of bail condition | s. 145 | New criminal charge |
| Travel without permission | s. 145 | Bail revocation |
| Repeat breach | s. 145 | Harder future release |
| Serious breach | s. 145 | Up to 2 years imprisonment |
