Can you travel outside Canada (for example, to Iran) while on bail or with a charge pending?

Only if the paperwork you were released on allows it. A police undertaking or a court release order can require you to stay within a set area and to deposit all your passports, and every release requires you to attend court on each date. To travel, those conditions have to be changed first, either with the written consent of the Crown (and your sureties, for a release order) or by a judge.

For families with parents, siblings or property in Iran, this question usually comes up suddenly: a wedding, an illness, a funeral. The answer depends on which document you signed when you left the police station or the bail court, and on what it says. This guide covers the stage between the charge and the end of the case as it affects travel. Our main page on bail hearings in Ontario explains how release conditions are set in the first place. Nothing here is a reason to leave without permission: missing a court date is a separate criminal offence. Our other guides on rights before and at a charge are listed on the services page.

Which release document do you have, and can it stop you travelling?

Read the conditions word for word. The passport condition in both the undertaking and the release order is to deposit "all their passports". On its plain wording that means every passport you hold, so an Iranian passport has to be handed in along with a Canadian one. If you are not sure what a phrase like "remain in the Province of Ontario" covers, ask your lawyer before you book anything, not after.

How do you get permission to travel, step by step?

On a bail review the judge can look at the transcript of the original hearing, the exhibits, and any new evidence, and if you show cause, can vary the order and make any order that section 515 allows (s. 520(7)). Once a review has been heard, another one cannot be brought for 30 days without a judge's permission (s. 520(8)), so the first request should be complete.

What is different about travelling to Iran?

A court deciding whether to let someone leave Canada while charged asks one main question: will this person come back for court? Several facts make that harder to answer for a trip to Iran, and the Government of Canada's Iran travel advice (updated July 23, 2026) states them plainly:

• The advisory level for Iran is "Avoid all travel".
• Iran does not legally recognize dual citizenship. Canadian-Iranian citizens must enter and exit Iran using their Iranian passport, and may not be able to leave unless they meet certain conditions.
• Iranian border officials may require a dual citizen to present the Iranian passport and, if they do, may prevent the person from leaving Iran.
• The Government of Canada has no embassy or consulate in Iran, which significantly limits its ability to help.
• Military service is mandatory for male Iranian citizens aged 18 to 34 unless exempt, which also applies to dual citizens, including those born in Canada.

None of this is a legal bar written into the Criminal Code. It is the kind of information a Crown attorney or a judge may weigh, and it is information you should weigh too, because the consequences of being unable to return fall on you. A trip to a country with ordinary flights back and no exit risk is a different request.

What happens if you are abroad when your court date comes?

Failing to attend court without lawful excuse while on a release order, an undertaking or an appearance notice is an offence punishable by up to two years in prison if the Crown proceeds by indictment, or as a summary conviction offence (s. 145(2) to (4)). It also changes the next bail hearing: a person charged with failing to attend or comply while already released generally has to show why they should be released, instead of the Crown having to show why they should be detained (s. 515(6)(c)).

Two other rules matter for people with strong ties outside Canada. A person charged with an indictable offence who is not ordinarily resident in Canada faces the same reversed burden at a bail hearing (s. 515(6)(b)). And appearing by video or audio in a bail-stage proceeding is possible only if arrangements are made with the court in advance and the justice is satisfied with them (s. 502.1(1)); it is not something to count on from overseas.

What changes the answer?

• The document you signed. An appearance notice has no travel conditions; an undertaking and a release order can (ss. 500, 501(3), 515(4)).
• Whether you have sureties. Varying a release order by consent needs every surety's written consent as well as the Crown's (s. 519.1).
• The Crown's position. With consent, the change is made on paper. Without it, a justice or judge decides (ss. 502(2), 520).
• Your ties to Canada. Being "not ordinarily resident in Canada" reverses the bail burden for indictable charges (s. 515(6)(b)).
• The destination. Global Affairs Canada's advice for Iran is to avoid all travel, and dual citizens can be required to exit on an Iranian passport.
• Your passport status. A person who stands charged with an indictable offence, or who is forbidden to leave Canada by release conditions, can be refused a Canadian passport (Canadian Passport Order s. 9(1)(b) and (d)). Our guide on Canadian passports while a charge is pending explains how that works.

A worked example

For example, imagine a woman in Richmond Hill charged with theft and released by police on an undertaking that requires her to remain in Ontario and to deposit all her passports. Her Canadian and Iranian passports are both with the police. Her father in Shiraz becomes seriously ill, and she wants to go for three weeks. Her next court date is in six weeks. This is a hypothetical walk-through of the rules, not a description of any real case or result.

Her lawyer writes to the Crown asking for consent to vary the undertaking for those three weeks, enclosing the medical letter in certified English translation, her return ticket and an address in Shiraz. Because the trip is to Iran, the lawyer also discusses with her the Global Affairs advisory and the risk that, as a dual citizen, she could be required to exit on her Iranian passport and be prevented from leaving. If the Crown consents in writing, the varied undertaking sets the dates and when the passports are returned. If the Crown refuses, her lawyer can apply to a justice under section 502(2), and the justice decides on the evidence. Either way, she does not book a non-refundable flight until the variation exists.

What mistakes do people make about travel while charged?

1. Depositing only one passport. The condition covers all passports, including an Iranian one.
2. Relying on a spoken "it should be fine". Only a varied undertaking or order changes your conditions.
3. Forgetting the sureties. A consent variation of a release order needs every surety's written consent (s. 519.1).
4. Assuming an appearance notice means you can go anywhere, any time. It still requires you to attend every court date.
5. Booking first and asking later. A refusal leaves you with a ticket you cannot use, or a choice you should never make.
6. Ignoring the bail consequences of a missed date. A failure-to-attend charge reverses the burden at your next bail hearing (s. 515(6)(c)).

What to do this week

1. Find your release paperwork and highlight every condition about territory, passports, address and reporting.
2. List every court date and the courthouse for each.
3. If you hold more than one passport, confirm all of them were deposited as required.
4. Collect proof of why the trip matters and get certified English translations of documents in Persian.
5. Speak to your sureties before your lawyer approaches the Crown.
6. Book a consultation before buying tickets; you can discuss your matter in English, Persian (Farsi) or French.

Frequently asked questions

Can I travel inside Canada while charged?

It depends on your conditions. If you must "remain within a specified territorial jurisdiction" such as Ontario, travel to another province needs a variation. If there is no such condition, you may travel within Canada as long as you attend every court date and keep any other conditions.

Can the police or the Crown give me permission over the phone?

No informal permission changes a written condition. An undertaking is varied with the written consent of you and the prosecutor (s. 502(1)), and a release order with the written consent of you, the prosecutor and the sureties (s. 519.1).

What can a judge do on a bail review?

If you show cause, the judge can vacate or vary the order and make any order section 515 allows, including new conditions for a trip (s. 520(7)). The prosecutor normally needs at least two clear days' written notice (s. 520(2)).

Does a summary-only charge change anything?

The travel conditions work the same way. The charge type matters more for passports: an offence the Crown may prosecute by indictment is deemed an indictable offence (Interpretation Act s. 34(1)(a)), and a person who stands charged with an indictable offence can be refused a passport.

I am a permanent resident, not a citizen. Is travel different for me?

The criminal release rules are the same. Leaving Canada while charged can raise separate immigration questions, which this guide does not cover; ask an immigration lawyer about your status before any trip.

Do I need an interpreter for the variation hearing?

If you or a surety does not understand English, ask for one. Ontario provides court interpreters in any language required in criminal matters; see our guide on Farsi interpreters in Ontario courts.

Related questions

If a relative has just been arrested, start with our guide on rights in the first hours after an arrest. If police have only asked you to come in and no charge has been laid yet, read what to do when police ask you to come in for an interview. For a family dispute about taking a child to Iran, see our guide on travelling abroad with a child without the other parent's consent. Families dealing with a family law matter as well can start with our overview of what a Persian-speaking family lawyer in Toronto does.

Sourena Sarbazevatan is a Persian-speaking lawyer, and you can discuss a travel request and your release conditions with him in Farsi, English or French. Call +1 (416) 628-2041 or use the contact page.