CBSA Management Response and Action Plan to the Canadian Red Cross 2018 to 2019 and 2019 to 2020 Annual Reports
This report outlines the Canada Border Services Agency’s (CBSA) response to the recommendations of the Canadian Red Cross on improving its detention practices.
Introduction
The Canada Border Services Agency (CBSA) welcomes the Canadian Red Cross’ 2018 to 2019 and 2019 to 2020 annual reports, which outline the Canadian Red Cross’ observations and recommendations as a result of findings from their Immigration Detention Monitoring Program (IDMP). The CBSA views the program as a crucial safeguard for detainees and as a means to continually improve immigration detainee treatment and well-being. Building on the continued efforts under the National Immigration Detention Framework (NIDF), the CBSA has succeeded in many areas in creating a better and fairer immigration detention system whereby persons are treated with compassion and dignity while upholding public safety.
In reaching these goals, the CBSA has maintained a long-standing relationship with the Canadian Red Cross, which has been monitoring the immigration detention program since 1999. The current contractual arrangement (entered into in 2017), allows for the Canadian Red Cross to provide expanded monitoring services for immigration detainees held in detention facilities across Canada, to ensure they are held and treated in compliance with applicable domestic standards and international obligations to which Canada is signatory. The Canadian Red Cross delivers regular and robust reporting on its monitoring activities as well as a national annual report outlining its findings and recommendations. For the first time, the CBSA published the 2017 to 2018 CRC IDMP Annual Report as well as the CBSA Management Response and Action Plan (MRAP), which outlined the actions that will be taken by the CBSA to address the Canadian Red Cross findings and recommendations.
This document presents the integrated 2018 to 2020 MRAP in response to the 2018 to 2019 and 2019 to 2020 CRC IDMP Annual Reports. Recommendations from the 2018 to 2019 CRC IDMP Annual Report and the 2019 to 2020 CRC IDMP Annual Report have been integrated by theme, and a consolidated response for both fiscal year reports has been developed.
Co-mingling
2018 to 2019 Canadian Red Cross immigration detention monitoring program annual report
(section 1, treatment: co-mingling)
1.1 Referring to the CBSA Management Response and Action Plan to the Canadian Red Cross 2017 to 2018 MRAP, the CRC recommends continued CBSA efforts to reduce the number of persons detained under the Immigration and Refugee Protection Act (IRPA), minimizing the use of provincial correctional facilities and broader use of Alternatives to Detention (ATDs), to be consistently applied across the country.
With that in mind, the CRC recommends using only the dedicated facilities operated by the CBSA to hold persons detained under IRPA. The use of provincial correctional facilities for immigration detention should be exceptional and the CBSA should explore capacity for their separation from those remanded and serving sentences under the Criminal Code to the greatest extent possible. Furthermore, the separation of these populations should not result in conditions for people detained under IRPA that are more restrictive than what is strictly necessary, nor should it impact their ability to access activities and services to which they are entitled.
2019 to 2020 Canadian Red Cross immigration detention monitoring program annual report
(section 1, treatment: co-mingling in provincial correctional facilities)
1.1 The Canadian Red Cross recommends that the CBSA further expand the availability of alternatives to detention and offer alternatives adapted to a larger variety of specialized needs, such as those with prior trauma or those requiring mental health support.
1.2 The Canadian Red Cross recommends that the CBSA facilitate voluntary transfers of detained individuals from provincial correctional facilities to immigration holding centers, including across provinces or regions, and considering proximity to family (in cooperation with other authorities involved such as the Immigration and Refugee Board [IRB] and criminal courts).
1.3 The Canadian Red Cross recommends that the CBSA continue to improve the detention placement assessment process determining if a person with a criminal past is eligible to be placed in an immigration holding centre, taking into account all available factors that can lead to a more precise assessment of their current behaviour and level of risk, such as: correctional authority’s evaluation of their rehabilitation, adhesion to drug or alcohol rehab programs and the level of security where they were placed at the end of their criminal sentence.
1.4 The Canadian Red Cross recommends that the CBSA, in all instances where it places a person in a provincial correctional facility, ensure that the individual is held in a specialized unit where they are entirely separated from the population being held under the Criminal Code, while also avoiding situations of solitary confinement to achieve that separation. In addition, conditions in these units, as well as access to activities and services, must meet the minimum standards for people held under administrative detention.
Management response
The CBSA acknowledges the recommendations and is pleased that the Canadian Red Cross recognizes its efforts to respond to the use of provincial correctional facilities, the problem of co-mingling and the broader use of alternatives to detention.
Between fiscal year 2017 to 2018 and fiscal year 2018 to 2019, the use of provincial correctional facilities for immigration-related detentions decreased, falling from 20% of all detentions in 2017 to 2018 to 16% in 2018 to 2019, and consistent with the steady drop observed over the past five years. While the number of detentions held in provincial correctional facilities in 2019 to 2020 increased by 3%, the vast majority (68%) of individuals continue to be held in an immigration holding centre. Variations in percentages are directly correlated to the number of individuals held in detention and their individual risk profiles. The proportionate increase is attributed to a higher number of medium and low risk individuals being released through expanded alternatives to detention. Since the launch of the expanded alternatives to detention program in June 2018, significant progress has been made in securing the release of individuals who would otherwise have had no viable alternatives prior to implementation. The CBSA is continuously establishing new partnerships to evolve the program. Since the launch of the program, the CBSA’s use of alternatives to detention has enabled the release of over 10,500 individuals. In 2018 to 2019, 36% of all individuals placed on an alternative to detention came from a provincial correctional facility, and in 2019 to 2020, this number decreased slightly to 29%.
The CBSA continues to improve immigration holding centres in order to accept a greater number of detainees with more diverse profiles and needs. With the opening of the new Surrey immigration holding centre in British Columbia, and the completion of retrofits at the immigration holding centre in Toronto, Ontario, the CBSA has transitioned to accepting higher risk detainees in its immigration holding centres. This has further reduced the reliance on provincial correctional facilities in those regions. Between July and September 2020, 132 individuals have been transferred from a provincial correctional facility to the immigration holding centre in Greater Toronto Area region and 9 individuals from a provincial correctional facility to the immigration holding centre in Pacific region. In March 2020, the CBSA finalized a policy to standardize the transfer of detainees to an immigration holding centre (either from a provincial facility or from another immigration holding centre. This policy has the objective of ensuring that all detainees have access to an immigration holding centre where appropriate, which will further reduce reliance on provincial correctional facilities. In September 2020, the CBSA introduced a policy that requires all detentions in an immigration holding centre region to be triaged by an officer working at an immigration holding centre for placement. This policy, relevant to Greater Toronto Area, Pacific and Quebec regions only, will ensure that all individuals are considered for placement within an immigration holding centre as the default and transferred to a provincial correctional facility only where their risk is determined to not be manageable within an immigration holding centre. Each case is assessed on its individual merits and placement is determined on a case-by-case basis.
While the CBSA continues to implement measures to reduce reliance on provincial correctional facilities, it is important to recognize that the CBSA must continue to rely on provincial correctional facilities to hold immigration detainees of highest risk and in regions that do not have a CBSA immigration holding centre. In these instances, through ongoing discussions with provincial partners, we will continue to advocate for a reduction in co-mingling through the use of dedicated space. The CBSA continues to negotiate agreements with provinces, which include provisions to minimize co-mingling and solitary confinement to the greatest extent possible.
Action plan
Develop and implement policies for transfer of detainees between regions as well as for the triage of detainees in order to optimize use of immigration holding centres.
Completion date: Completed
Commitment in 2017 to 2018 management response: First quarter of 2019 to 2020
Transfer low- to medium-risk detainees from PCFs to the Surrey and Toronto immigration holding centres on a case-by-case basis.
Completion date: Completed (ongoing for all new admissions)
Commitment in 2017 to 2018 management response: First quarter of 2019 to 2020
Monitor and/or update and/or finalize immigration detention MOUs with correctional partners.
Completion date: Ongoing
Commitment in 2017 to 2018 management response: First quarter of 2019 to 2020
Conduct systemic monthly quality assurance and case review of all detentions at the headquarters and regional levels.
Completion date: Ongoing
Commitment in 2017 to 2018 management response: Not applicable
Detention of vulnerable persons and long-term detention
2018 to 2019 Canadian Red Cross immigration detention monitoring program annual report
(section 2, conditions of detention: detention of vulnerable persons)
2.1 The Canadian Red Cross recommends that the CBSA continuously evaluates the needs of vulnerable individuals detained and ensures that alternatives to detention are prioritized and considered consistently in all provinces, including extending access to the Interim Federal Health Program (IFHP).
2.2 The Canadian Red Cross notes that detention of minors is a harmful practice contradictory to the provisions of international legal instruments to which Canada is signatory and recommends that any decision regarding placement of a minor in detention is made in the best interests of the child, which CRC believes is family unity outside of detention, including through the use of alternatives to detention.
2019 to 2020 Canadian Red Cross immigration detention program annual report
(section 2, conditions of detention: detention of vulnerable persons and people in long-term detention)
2.1 Avoid placing vulnerable persons in detention; when detention under the Immigration and Refugee Protection Act is deemed necessary, to the greatest extent possible, avoid using provincial correctional facilities to hold vulnerable people.
2.2 The Canadian Red Cross recommends that the CBSA offer alternatives to detention adapted to a greater diversity of people with specialized needs, such as alternatives to detention offered by organizations with expertise in providing trauma-informed medical and mental health care.
2.3 The Canadian Red Cross recommends investing in the further development of alternatives to detention for families with children, in order to maintain family unity outside detention, individuals with physical and mental health needs, including continued care outside detention, and for individuals whose detention is long-term.
2.4 The Canadian Red Cross recommends that people detained under the Immigration and Refugee Protection Act be provided with information to better understand the avenues available to them in pursuing alternatives to detention, both through the CBSA alternatives to detention programs and through other avenues.
Management response
The CBSA acknowledges these recommendations.
Detention is considered a measure of last resort and the CBSA continuously assesses the appropriateness and availability of alternatives for vulnerable persons. Detention of a vulnerable person, however, is not precluded where the individual poses a level of risk that can only be managed by detention. Each detention review presents an opportunity for the Immigration Division of the Immigration Refugee Board, the authority for detention reviews, to determine whether to continue the detention of an individual or release the individual from detention with or without conditions, depending on the level of risk presented by the individual.
The CBSA is responsible for providing persons detained under Immigration and Refugee Protection Act with ordinary and reasonable care for the preservation of life and health. Access to the Interim Federal Health Program falls within the authority of Immigration, Refugee, and Citizenship Canada (IRCC). All individuals in detention are eligible for coverage under the Interim Federal Health Program (IFHP), regardless of their place of detention. To complement the efforts of the IRCC, the CBSA has implemented contracts that expand access to health and mental health services with external service providers to provide access to on-site health services within the three IHCs. Additionally, the CBSA is in the process of developing a comprehensive medical services framework. Development will take place over the next two years, following consultations with internal and external stakeholders, including the Canadian Red Cross. The program will focus on providing necessary medical care to individuals subject to immigration detention, in all detention locations or while participating in alternative to detention programming.
In line with commitments under the National Immigration Detention Framework (NIDF) to ensure dignified and risk-based treatment of detainees, including vulnerable populations, the completion of national detention standards will provide consistent functional guidance regarding the treatment and conditions of detention for all immigration detainees, including vulnerable persons and minors.
The best interest of the child is always a primary consideration when a detention decision is made. The CBSA and its contracted service providers are committed to finding short-term alternatives in order for family units to not only feel supported but remain unified outside of detention. The CBSA continues to make strides to reduce the number of minors in detention. In 2018 to 2019, there were 4 unaccompanied minors detained in an immigration holding centre, 11 accompanied minors, and 103 minors which were housed with their parents or legal guardian for a total of 118 detained or housed minors. In 2019 to 20, there were 2 unaccompanied minors detained and 136 minors that were housed with their parents or legal guardian. This represents an 82% decrease in the number of minors detained over the past 2 years. The CBSA does not separate minors from their family members (parents or legal guardians), unless it is in the best interest of the child, and every effort is made to preserve the family unit. Where this is not possible, and accompanying family members are detained under the Immigration and Refugee Act at an IHC, the (non-detained) minor may remain with their parents/guardian, at their request and with their consent, if this is determined to be in the child’s best interests. Where a minor remains with a detained parent or guardian, the CBSA considers this minor to be “housed”. Housed minors have the ability to leave the immigration holding centre at any point, subject to consent.
CBSA officers provide regular and consistent visits to immigration detainees. Through regular communication, officers present information to qualifying detainees regarding potential participation in alternatives to detention. Eligibility for alternatives to detention is considered in advance of every detention review and on a case-by-case basis.
Action plan
Revise the National Risk Assessment for Detention Form and the Detainee Medical Form to ensure vulnerability factors are appropriately considered in an officer’s assessment for detention placement.
Completion date: Completed
Commitment in 2017 to 2018 management response and action plan: Not applicable
Finalize national detention standards, which include guidance on detention conditions for vulnerable people and those in long-term detention.
Completion date: Fourth quarter of 2020 to 2021
Commitment in 2017 to 2018 management response and action plan: Fourth quarter of 2020 to 2021
Explore the continued expansion of alternatives to detention and adjust program offerings to support vulnerable individuals.
Completion date: Ongoing
Commitment in 2017 to 2018 management response and action plan: Not applicable
Update the detainee information package to include information about accessing alternatives to detention.
Completion date: First quarter of 2021 to 2022
Commitment in 2017 to 2018 management response and action plan: First quarter of 2019 to 2020
Health care
2018 to 2019 Canadian Red Cross Immigration Detention Monitoring Report annual report
(section 3, conditions of detention: access to health care, including mental health care services)
3.1 The Canadian Red Cross notes that persons detained under the Immigration and Refugee Protection Act should have access to health care coverage under the Interim Federal Health Program (IFHP) or equivalent provincial health care services, including the supplemental Interim Federal Health Program coverage and mental health care.
3.2 The Canadian Red Cross recognizes that the CBSA has already announced measures in its management response and action plan to improve health care for people detained under the Immigration and Refugee Protection Act. To further its efforts, the Canadian Red Cross recommends that the CBSA gives additional weight to physical and mental health concerns when deciding on detention and eligibility for alternatives to detention, given that detention may aggravate certain conditions, or at the very least, complicate their treatment. The Canadian Red Cross also recommends prioritizing alternatives to detention for people with acute medical needs, while maintaining the IFHP coverage. Regardless of the place of detention, people detained under Immigration and Refugee Protection Act should enjoy full and timely access to the services and coverage of the interim federal health plan, including its supplemental coverage, or equivalent services.
2019 to 2020 Canadian Red Cross Immigration Detention Monitoring Program annual report
(section 3, conditions of detention: access to health care)
3.1 The Canadian Red Cross recommends that the CBSA ensure that persons detained under the Immigration and Refugee Protection Act have access to adequate health care, including mental heath care services, regardless of their place of detention. The Canadian Red Cross recommends that the CBSA, regardless of place of detention, provides people detained under the Immigration and Refugee Protection Act full and timely access to the services covered by the interim federal healthcare program or equivalent coverage. Special attention should be given to the most vulnerable individuals, including those diagnosed with mental health conditions and those who have declared a need for mental health support, and it would be important to consider extending this coverage to people on alternatives to detention.
Management response
The CBSA acknowledges these recommendations.
CBSA officers are trained to evaluate and analyze types of risk posed by an individual when making the decision to detain, and to determine if alternative to detention programming could mitigate that risk. Appropriate weight is given to physical and mental health conditions when making a detention decision, and must be balanced with the safety and security of Canadians and risk to program integrity.
For vulnerable persons who cannot be managed in the community and are detained in immigration holding centres, the CBSA has implemented contracts that expand access to health and mental health services. In addition, the CBSA is developing a medical services program (see section 2.0 above), to further improve access to care options for individuals in detention. This program is designed to provide equivalent services to those in provincial correctional facilities who do not have access to IFHP.
Action plan
Finalize the development of a medical services program.
Completion date: Fiscal year 2021 to 2022
Commitment in 2017 to 2018 management response and action plan: Third quarter of 2019 to 2020
Finalize national detention standards, which include guidance on medical and mental health care in CBSA facilities.
Completion date: Fourth quarter of 2020 to 2021
Commitment in 2017 to 2018 management response and action plan: Fourth quarter of 2018 to 2019
Access to religious, cultural, educational, and leisure activities
2019 to 2020 Canadian Red Cross Immigration Detention Monitoring Program annual report
(section 4, access to religious, cultural, educational, and leisure activities)
4.1 The Canadian Red Cross recommends that the CBSA ensure that people detained for immigration reasons have access to religious, leisure, cultural, and educational activities, regardless of their place of detention.
Management response
The CBSA acknowledges these recommendations.
Recent enhancements to CBSA immigration holding centres have ensured consistent access to religious, leisure, cultural and educational activities across Canada. The finalization of new national detention standards will outline the standards by which detainees have access to leisure, cultural, and educational activities. All immigration holding centres are equipped with recreational yards and for both adult male and female detainees, as well as family units. In addition, all immigration holding centre facilities will have access to indoor gym facilities that can be accessed by detainees to undertake in a variety of physical activities. In terms of access to religious activities, the CBSA is able to offer reasonable and equitable opportunities to practice religion of choice alone or with other detainees, and may allow detainees to possess personal items of religious significance necessary for that practice.
For individuals detained and held at a provincial correctional facility, access to leisure, cultural, and educational activities is guided by the policies and rules of each facility. Through ongoing discussions with our provincial partners, the CBSA will continue to advocate access to educational, religious, leisure, and cultural activities.
Action plan
Finalize national detention standards, which include guidance on religious, cultural, educational, and leisure activities.
Completion date: Fourth quarter 2020 to 2021
Commitment in 2017 to 2018 management response and action plan: Second quarter 2019 to 2020
Monitor and/or update and/or finalize immigration detention memorandums of understanding with correctional partners.
Completion date: Ongoing
Commitment in 2017 to 2018 management response and action plan: First quarter 2019 to 2020
Access to information
2018 to 2019 Canadian Red Cross Immigration Monitoring Program annual report
(section 4, legal guarantees/procedural safeguards: access to information)
4.1 In reference to the management response and action plan, the Canadian Red Cross acknowledges the CBSA’s efforts to respond to the problem of effective access to information. Considering that various factors impact the capacity of a detained person to absorb information, the Canadian Red Cross further recommends complementing the current system with additional means of sharing information, in various languages and formats such as oral, written, or recorded audiovisual presentations shown, for example, in videoconference rooms. These should be consistently accessible regularly or presented at regular schedules, giving special attention that people have understood what is being communicated to them.
4.2 The Canadian Red Cross also recommends the detention liaison officer role or similar be established in regions where it is missing. The Canadian Red Cross also recommends the role of existing detention liaison officers in all other regions be expanded to cover meetings with all persons detained under the Immigration Refugee Protection Act regardless of whether they had previous interaction with other CBSA officers- recognizing the critical support this role can provide to persons detained under IRPA.
4.3 The Canadian Red Cross additionally recommends that CBSA resources provides access to professional interpretation services as often as possible when communicating with people detained under the Immigration Refugee Protection Act who speak a different language, in particular when dealing with complex or confidential matters such as medical issues or details of personal care.
2019 to 2020 Canadian Red Cross Immigration Detention Monitoring Program annual report
(section 5, access to information)
5.1 The Canadian Red Cross recommends that the CBSA provide information on the place of detention where they are held, available activities and services and how to access them.
5.2 The Canadian Red Cross recommends complementing the existing system with additional means of sharing information in various languages and formats. This should include having verbal, written, or recorded audiovisual materials readily available or presented regularly.
5.3 The Canadian Red Cross recommends the use of professional interpretation services during key moments of detention, including facility orientation, and particularly for medical or mental health consultations or any other interaction of a confidential or decisive nature. Unit staff in provincial correctional facilities should have access to interpretation services, such as a service available by phone, for day-to-day communication with people detained under the IRPA.
5.4 The Canadian Red Cross recommends to continue expanding the implementation of the initial meeting with detainee liaison officers, or other officers carrying out the detainee liaison officer function, as well as holding regular meetings throughout detention with all people detained under the Immigration and Refugee Protection Act and held in provincial institutions, regardless of whether they had previous interaction with other CBSA officers.
Management response
The CBSA acknowledges these recommendations.
Where an individual is detained at a CBSA immigration holding centre, they will meet with a CBSA officer to discuss their individual circumstances and be assessed for placement within the facility. During this engagement the CBSA will share all relevant information related to the individuals detention and the facility. Where the individual is detained within a provincial correctional facility, national detention standards are being finalized that will establish a mandatory engagement with a CBSA officer following the individual’s detention to ensure that information is shared and communicated in a timely manner.
The CBSA’s publication entitled Information for People Detained under the Immigration and Refugee Protection Act is available in 16 languages, including French and English and is provided to all individuals who are detained. The CBSA is currently developing an enhanced information package which will include the detainee pamphlet as well as other relevant information for detainees (e.g. detainee’s rights, meals and visiting hours of the detention facility, emergency and safety procedures, rules, complaints process and disciplinary action).
In the event that a detainee is unable to comprehend either of Canada’s official languages, it is the policy of the CBSA and will be entrenched in the new national detention standard on orientation and information, that CBSA officers are to use an accredited interpreter. This extends to detainees when discussing complex or confidential matters. For interactions which are of a less personal or confidential matter, the CBSA is reviewing options regarding the use of online translators to facilitate the sharing of certain types of information.
Action plan
Finalize national detention standards, which include guidance on ensuring access to information.
Completion date: Fourth quarter of 2020 to 2021
Commitment in 2017 to 2018 management response and action plan: Second quarter of 2019 to 2020
Finalize an enhanced Immigration Detention Information Package.
Completion date: First quarter of 2021 to 2022
Commitment in 2017 to 2018 management response and action plan: First quarter of 2019 to 2020
Family contact
2018 to 2019 Canadian Red Cross Immigration Detention Monitoring Program annual report
(section 5, family contact)
5.1 Referring to measures outlined in the management response and action plan, the Canadian Red Cross recognizes CBSA’s efforts in offering people detained under the Immigration and Refugee Protection free calls and exploring solutions to the long-standing issue of phone calls. To further these efforts, the Canadian Red Cross recommends the CBSA explore additional measures to allow people who are detained to maintain regular contact with their families overseas or in Canada, taking advantage of new technologies simplifying the contact process, and reducing the cost of international calls, such as instant messaging and voice over internet protocol (VOIP) services.
5.2 Additionally, Canadian Red Cross recommends developing procedures to allow regular contact visits with family and friends, regardless of the place of detention.
5.3 Finally, Canadian Red Cross recommends that in all provinces, at the start of detention, individuals should be given access to their personal effects, by the CBSA or the facility, so they may note down important information such as contact numbers.
2019 to 2020 Canadian Red Cross Immigration Detention Monitoring Program annual report
(section 6, ability to contact and maintain contact with family)
6.1 The Canadian Red Cross recommends that the CBSA consider solutions to allow all people detained under the Immigration and Refugee Protection Act, regardless of the facility in which they are held, to maintain regular contact with family and friends, taking advantage of new technologies when possible, while putting in place adequate measures to protect confidentiality. The Canadian Red Cross encourages the CBSA to continue working with provincial correctional facilities to implement interim solutions to problems related to phone calls.
6.2 The Canadian Red Cross recommends that contact visits should be made possible on a regular basis, regardless of a person’s place of detention.
Management response
The CBSA acknowledges these recommendations.
Detainees held in immigration holding centres have access to telephones in their individual units for local calls, and where long distance calls are required, calling cards are made available or landline access can be arranged by onsite CBSA staff. Where practicable in provincial correctional facilities CBSA officers may facilitate international calls by allowing detainees to access the facility’s landline. The CBSA is currently exploring expanded options for access to telephones and improved technology to support people who are detained in maintaining regular contact with their families overseas. In line with the objectives of the National Immigration Detention Framework, the CBSA continues to implement video conferencing for immigration hearings at IHCs, and will explore the use of this technology as a means to facilitate contact with family or other parties outside of the facility for all immigration detainees, regardless of placement. Detainees held in immigration holding centres have access to visits with family, friends, and other parties. All CBSA immigration holding centres now have a dedicated contact visit area which enables visits with family and friends without a physical partition or barrier. A new national detention standard will provide guidance on access to visits, whereby contact visits will remain the default form of visit for all detainees, regardless of their risk classification. In the event that the CBSA determines there is a security concern involving the detainee and/or a visitor (i.e. incident report concerning a detainee’s behaviour, non-compliance or disregard for immigration holding centre rules, etc.), the CBSA reserves the right to deny a detainee a contact visit, at which point a visit may be facilitated in a non-contact visitation room. Reasons for denial must be noted in the detainee’s file and the detainee must be informed of the reasons for denial and remedial measures to regain privileges.
National detention standards are in place to allow detainees to gain access to their personal belongings in IHCs on a regular basis through a request to a CBSA officer. For individuals detained in provincial facilities, access to personal effects can be facilitated through engagement with a CBSA officer, or with a officer of the provincial facility.
Immigration detainees who are held in provincial correctional facilities are subject to the policies and procedures of that facility. The CBSA continues to discuss national detention standards with provincial authorities to ensure that detainees have adequate access to programs and services.
Action plan
Determine feasibility of the use of videoconferencing (used for immigration hearings) as a means to enable family contact (Note: Contingent upon videoconference capacity and technology availability within CBSA immigration holding centres)
Completion date: Fourth quarter of 2020 to 2021
Commitment in 2017 to 2018 management response and action plan: Not applicable
Finalize national detention standards, including standards that dictate telephone use, visitation and family contact, as well as access to personal effects.
Completion date: Fourth quarter of 2020 to 2021
Commitment in 2017 to 2018 management response and action plan: Second quarter 2019 to 2020
Monitor and/or update and/or finalize immigration detention memorandums of understanding with correctional partners.
Completion date: Ongoing
Commitment in 2017 to 2018 management response and action plan: First quarter 2019 to 2020