Release of Foreign Nationals on Bail
Law Office of Kalina & Tejpal · Updated October 6, 2026
A foreign national arrested in Canada may seek criminal bail, but release from a criminal charge and release from immigration detention are separate questions. A criminal release order does not cancel a valid immigration detention authority.
What does the criminal court consider?
The court applies the current Criminal Code bail framework, including any applicable reverse onus. Attendance, public protection and confidence in the administration of justice are assessed under the relevant law. Immigration circumstances can matter to the actual risks and release plan; they do not replace the statutory test.
The person’s residence, ties, attendance arrangements and ability to follow conditions.
The allegations, prior record, outstanding matters and relevant breach history.
A realistic supervision plan and a suitable surety where one is required.
Travel documents and any conflicting immigration reporting or residence requirements.
If there is an immigration hold
Counsel must identify the separate detention basis and prepare for any Immigration Division review. IRPA section 57 sets the ordinary detention-review schedule, with separate rules for designated foreign nationals. Section 58 governs release and continued detention. A criminal surety and an immigration bondsperson perform roles in different systems.
Coordinate the conditions
Release conditions may concern residence, reporting, contact, travel or supervision. Check both sets of orders before taking any step. An officer’s instruction or a private agreement does not necessarily vary a court order. Seek a formal change through the appropriate process where conditions conflict or cannot be followed.
Related reading
Speak with counsel
Contact the Law Office of Kalina & Tejpal or call 416-900-6999 for advice about the actual charge, court order and immigration circumstances.
This article provides general information only, not legal advice. Do not rely on it to decide a plea, ignore a condition or miss a filing deadline.