WHAT ABOUT THE RELEASE OF FOREIGN NATIONALS ON BAIL?

A foreign national who is arrested in Canada may be considered for release on bail, but the court will examine the usual bail concerns together with the person’s immigration circumstances.

The court may consider:

• the specific allegation and strength of the case;

• the person’s ties to Canada, residence and proposed surety;

• any criminal record, prior breaches or outstanding matters;

• the risk of failing to attend court; and

• public-safety concerns and whether proposed conditions can address them.

A release order may include reporting, residence, communication, travel or other conditions. Immigration consequences are separate from the bail decision. A criminal charge, conviction, or breach of conditions may affect admissibility, detention or future immigration proceedings, so bail strategy should be coordinated with immigration advice.

This information is general only and is not legal advice. Every case is different.

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