Can You Still Travel with Pending Criminal Charges in Calgary?

If you are facing criminal charges in Calgary or anywhere in Alberta, you may be wondering whether you can travel with pending criminal charges in Canada.

The answer is: it depends. Travelling with pending criminal charges can be complicated, and in some cases, it may not be allowed at all. Between bail conditions, border restrictions, and foreign entry rules, there are several factors that can affect your ability to leave Canada.

In this guide, our Calgary criminal defence lawyers explain what you need to know about travelling with pending charges and how to avoid making a situation worse.

What Do Pending Criminal Charges Mean?

Pending criminal charges mean that you have been formally accused of a criminal offence, but your case has not yet been resolved in court. If it is your first allegation, it means you do not have any criminal convictions yet.

This means:

• You have not been convicted for this allegation
• You are still presumed innocent
• Your case is ongoing and subject to court appearances

However, even without a criminal conviction, your freedom may be limited, especially if you have been released on bail or undertaking with conditions.

Can You Leave Canada with Pending Criminal Charges?

Technically, there is no automatic law that prevents you from leaving Canada simply because you have pending charges.

However, in most cases, your ability to travel will depend on your release conditions.

You may not be allowed to leave Canada if:

• Your bail conditions restrict travel
• You are required to remain within Alberta or Canada
• You must surrender your passport

Before making any travel plans, it is critical to review your release documents or speak with a Calgary defence lawyer.

What Are Bail Conditions and How Do They Affect Travel?

When you are charged with a criminal offence in Alberta, you may be released on:

• a Release Order (with conditions) or
• an Undertaking (with conditions)

These conditions are legally binding and often include restrictions such as:

• Remaining within a specific geographic area (e.g., Calgary or Alberta)
• Reporting to a bail supervisor
• Surrendering your passport
• Not leaving Canada without permission

Why This Matters

If your conditions prohibit travel, you cannot leave Canada unless you apply to have those conditions changed through the court.

Does a Criminal Record Show on a Passport?

Possibly. Canadian citizens are subject to their information being shared with the US Border officials.

If you attempt to travel through Calgary International Airport (YYC) or any international airport while subject to travel restrictions:

• Border officers may flag your file
• You could be prevented from boarding your flight
• Law enforcement may be notified

Even if you are not automatically stopped, leaving in violation of your bail conditions is a criminal offence, which can lead to arrest and additional charges.

Can You Enter Another Country with Pending Charges?

Even if Canada allows you to leave, other countries decide who they admit.

Having pending criminal charges can raise red flags at foreign borders. Entry decisions are entirely at the discretion of immigration officers in the destination country and may include waiting periods.

You may be denied entry if:

• The charge is serious (e.g., assault, DUI, drug offences)
• Border officials believe you pose a risk
• You cannot clearly explain your legal situation

Travelling to the United States with Pending Charges

The United States has some of the strictest border screening policies.

If you are travelling from Calgary to the U.S. with pending charges:

• You may be denied entry at the border
• U.S. Customs and Border Protection (CBP) may access Canadian law enforcement databases
• Even a pending DUI or assault charge can cause issues

The U.S. has broad discretion and does not need a conviction to refuse entry. If a planned trip to the United States is unavoidable, consider applying for an entry waiver.

Other Countries’ Entry Rules

Each country has its own immigration policies. For example:

• Mexico may deny entry for serious criminal allegations
• United Kingdom may ask about pending charges at the border
• European Union countries may vary depending on the offence

In general, travelling internationally with pending charges carries uncertainty and risk, even if your Canadian conditions allow travel. Each country has their travel waiver rules and visa application processes.

What Happens If You Violate Bail Conditions by Travelling?

Violating your bail or release conditions is a separate criminal offence under the Criminal Code of Canada.

If you leave Canada without permission:

• A warrant may be issued for your arrest
• You could face additional criminal charges
• Your bail may be revoked
• You may be detained until your trial

This can significantly worsen your legal situation and reduce your chances of a favourable outcome.

Seek Assistance of a Skilled Criminal Lawyer

You may be able to travel within Canada but it depends on your release conditions. The typical issues to look for are:

• Your reporting requirements, and
• geographic limitations.

However, some individuals are restricted to:

• A specific city (e.g., Calgary)
• The province of Alberta

Always confirm your conditions before travelling, even within Canada.

Can You Travel With a Criminal Record?

Travelling with a Canadian criminal record can be more complicated, especially when crossing international borders. While Canada does not prevent you from leaving the country solely because of a past conviction, other countries (particularly the United States) have strict entry rules and may deny you access based on your criminal history (they will also look at serious criminal histories), even for relatively minor offences like impaired driving. Each country sets its own admissibility criteria, and border officials have broad discretion to refuse entry. In some cases, you may need to apply for special permission, such as a waiver or travel authorization, before your trip. If you have a criminal record in Canada, it’s important to understand these restrictions and seek legal advice before making international travel plans.

If you have received a pardoned criminal record, your criminal record is removed from most Canadian background checks, which can improve travel within Canada and in some situations internationally. However, it does not guarantee entry into other countries, as foreign border agencies may still have access to your past record or ask about prior convictions. For this reason, it is still important to research entry requirements and seek legal advice before travelling abroad.