Can a Federal Court order someones Canadian passport to be confiscated as a condition of bail?
— Fatema A. Federal courts often make surrender of a passport a condition of bail, especially for those who are viewed as potential flight risks. It does not matter whether the passport is from the U.S. or another country. The defendant is ordered to turn over any and all passports in his possession. This includes passports from other countries. You may also be told that you cannot apply for another passport during the pendency of the case. If you find you need to travel to another country while on federal pre-trial release, and have created a track record for a few months that demonstrates your willingness to comply with the court’s terms and conditions, you can ask your lawyer to file a motion for the temporary release of your passport to enable you to make a trip. The Court will seek your pre-trial release officer’s position on the request and then make a decision. If the judge grants it, he or she will direct the clerk of the court to return your passport to you and tell you what
