Arrests, detentions, alternatives to detention and removals
Detentions and alternatives to detention

National Immigration Detention Framework

The National Immigration Detention Framework outlines the CBSA's approach to making the Canadian immigration detention system better and fairer.

Reasons for detention

The Immigration and Refugee Protection Regulations set out factors to consider when determining whether to detain an individual, including:

• does the person have criminal convictions, such as those involving sexual offences, violence, weapons or drug trafficking?
• has the person previously complied or not complied with any requirement under any act or regulations?
• does the person have ties to the community?
• is the person willing to cooperate with the Government of Canada to establish his or her identity?
• does the person have links to organized crime or organized human smuggling or trafficking?
• is the Minister of Public Safety and Emergency Preparedness of the opinion that the person is a danger to the public or a danger to the security of Canada?

Detention reviews

A CBSA officer must review the reasons for detention within 48 hours. Officers may decide to release the individual with or without conditions depending on the circumstances.

The Immigration Refugee Board of Canada (IRB) reviews reasons for detention after an individual is detained for more than 48 hours. The IRB reviews the case and decides if the individual should remain in detention, or be released with or without conditions. The IRB reviews the case within seven days and again every 30 days.

Detention reviews before the IRB Immigration Division are generally open to the public. This is not the case if reviews concern refugee protection claimants or if the IRB determines that any of the following applies:

• danger to a person's life
• fairness of the detention review could be jeopardized or
• information involving national security might be disclosed

Alternatives to detention (ATD)

Individuals may be released from detention with or without conditions. In addition to release on reporting conditions (cash deposit or the establishment of a bondsperson), the ATD Program includes the following options:

• A national Community Case Management and Supervision (CCMS) program that aligns in-community support services with individuals' needs to mitigate any risk factors
• The ability to report remotely through the ReportIn mobile app. This app uses facial comparison software and geographical data to verify the identity and location of foreign nationals on reporting conditions The individual's location will be shared with the CBSA when the individual submits a report, and may be shared if the individual does not comply with their reporting condition. The app is voluntary
• A National Electronic Monitoring Program in the Prairie, Greater Toronto Area and Quebec regions that uses GPS and Radio Frequency to monitor an individual's whereabouts

This work contributes to Canada's commitment to the United Nations High Commissioner for Refugees (UNHCR) Global Detention Strategy to ensure that ATDs are considered in all cases prior to detention.

For more information, visit the frequently asked questions page or the policy on Deposits and Guarantees.

Key detention principles and the rights of detained individuals

All individuals are detained according to international best practices as well as the Canadian Charter of Rights and Freedoms. Key principles involve respecting the health, well-being and safety of all people held for immigration purposes. Detained individuals have several rights, including the right to:

• be informed about the reason(s) for their detention and have access to a CBSA officer
• be informed about the right to be represented by and to meet with a lawyer in person or by phone as required
• be put in contact with a representative of their country's embassy or consulate and non-government organizations
• be assisted by an interpreter if the individual does not understand or speak the language in which immigration proceedings are being conducted (English or French)
• receive medical attention and
• practice religion

Facilities used for immigration detention

The CBSA is responsible for managing the immigration detention process. Following an arrest, an individual may be detained at one of three CBSA immigration holding centres (IHC) in Canada (Laval, Quebec, Toronto, Ontario and Surrey, British Columbia). If an individual is detained in a region that does not have a CBSA IHC, they may be detained at a provincial correctional facility.

The National Immigration Detention Framework introduced investments to improve IHCs across Canada. These investments provide for modernized infrastructure, ensure national alignment to detention standards and conditions of detention, and ensure detainees have the proper access to services and supports while detained.

In regions where an IHC does not exist or where a risk assessment determines an individual cannot be effectively managed within an IHC, the CBSA works closely with provincial partners for the housing of immigration detainees in their facilities. Provincial correctional facilities are used to house:

• high-risk detainees whose behaviour cannot be managed within an IHC (for example, those with a propensity towards violent or aggressive behaviour)
• any detainee who is arrested and detained in an area not served by an immigration holding centre

Special considerations for vulnerable people

Minors

As per the National Directive for the Detention or Housing of Minors from CBSA, minors are not to be detained except in exceptional circumstances. Officers must consider the best interests of the child and alternatives to detention. The National Immigration Detention Framework outlines how minors are accommodated in the immigration detention system.

Others

Where safety or security is not an issue, detention is to be avoided or considered only as a last resort for pregnant women or nursing mothers, persons who are suffering from a severe medical condition or disability, persons suffering from restricted mobility, persons with a suspected or known mental illness, and victims of human trafficking.

When detention is required, it should be for the shortest time possible.

Individuals with mental health issues may be detained in a provincial detention facility that provides access to specialized care.

Statistics

• Quarterly detention and alternative to detention statistics for fiscal year 2023 to 2024
• Quarterly detention and alternative to detention statistics for fiscal year 2022 to 2023
• Quarterly detention statistics for fiscal year 2021 to 2022
• Quarterly detention statistics for fiscal year 2020 to 2021
• Quarterly detention statistics for fiscal year 2019 to 2020
• Annual detention statistics, 2012 to 2024

Monitoring

The CBSA works with the Canadian Red Cross, who monitors conditions of detention and the treatment of immigration detainees in CBSA immigration holding centres and other detention facilities.

The Canadian Red Cross reports to the agency on its findings annually. The CBSA then outlines how it intends to address these findings. In response to the 2020 to 2021 Canadian Red Cross' annual report, the CBSA has developed and implemented a management response and action plan:

• Canada Border Services Agency Management Response and Action Plan to the Canadian Red Cross 2021-2022 and 2022-2023 Annual Reports
• Canadian Red Cross Annual Report 2022 to 2023
• Canadian Red Cross Annual Report 2021 to 2022
• CBSA management response and action plan to the Canadian Red Cross 2020 to 2021 annual report
• Canadian Red Cross Annual Report 2020 to 2021
• CBSA Management Response and Action Plan to the Canadian Red Cross Society 2018 to 2019 and 2019 to 2020 Annual Reports
• Canadian Red Cross Annual Report 2019 to 2020
• Canadian Red Cross Annual Report 2018 to 2019
• CBSA Management Response and Action Plan to the Canadian Red Cross Society 2017 to 2018 Annual Report
• Canadian Red Cross Annual Report 2017 to 2018