Arrests, detentions and removals
Quarterly detention statistics: Third quarter (Q3) fiscal year 2020 to 2021

Canada Border Services Agency (CBSA)'s statistical publication provides information on detentions.

General detentions

Grounds for detention

These grounds for detention may apply to a permanent resident or foreign national who may be inadmissible to Canada. Refer to Section 55 of the Immigration and Refugee Protection Act (IRPA).

• Examination (If an officer considers it is necessary to get more information from an individual in order to complete the examination, that individual could be detained to allow the officer to do so. An examination can be as simple as a few questions, but can also include an examination of the person's personal belongings, more intensive questioning, or personal searches.)
• Suspected of serious criminality, criminality or organized criminality
• Suspected inadmissibility on grounds of security
• Suspected inadmissibility on grounds of human/international rights violation
• Identity (If an officer is unable to verify an individual's identity, that person may be detained.)
• Danger to the public
• Unlikely to appear (A person may be detained if an officer believes the person is unlikely to appear for examination, an admissibility hearing, removal from Canada or at a proceeding that could lead to the making of a removal order.)

Notes

A fiscal-year begins on April 1 and ends on March 31. Quarters are broken down as follows: Q1: April 1 to June 30; Q2 July 1 to September 30; Q3 October 1 to December 31; Q4 January 1 to March 31.

Detention days are the number of cumulative days spent in detention for all detainees over the reporting period under the provisions of the Immigration and Refugee Protection Act.

Median length of detention represents the middle value (or the average of two middle values) in days when the numbers are listed in numerical order from smallest to largest.

“Detention in another facility” includes other law enforcement agencies (that is, Royal Canadian Mounted Police detachments, local and provincial police cells), CBSA Ports of Entry (POE) and Inland Enforcement (IE) cells. Note that POE and IE cells as well as other law enforcement agencies' cells are only used for very short periods of time.

More information

• National Immigration Detention Framework outlines the CBSA's approach to making the Canadian immigration detention system better and fairer.
• Arrests, detentions and removals describes where people are detained, information about the detention review process, and more.
• Immigration and Refugee Protection Act and Regulations contain additional information including the legislative grounds for detention.

Analysis: Detentions in the third quarter

COVID-19 has had a significant impact on detention numbers. The CBSA noted a 19% increase in the number of persons detained in Q3 compared to Q2. At 566, the number still remains 76% lower than the same quarter last year (Q3 of 2019 to 2020). This significant reduction can be explained by public safety measures put in place to limit the spread of COVID-19 since mid-March 2020. These measures included the closure of the border to most foreign nationals, a small percentage of whom are usually detained by the CBSA for a number of reasons. In addition, the pandemic reinforced the CBSA’s commitment to finding solutions for release at the first possible opportunity. The CBSA asked officers to focus efforts to explore all viable alternatives to detention in all cases, as long as there is no public safety concern. The CBSA also expanded its electronic monitoring (EM) program into the Quebec region. The CBSA will continue to focus its efforts on identifying release options, and mitigating risk within the community for individuals with a higher risk profile. The decision to release an individual from detention is done on a case by case basis using a dynamic risk assessment process that aligns individual risk indicators with conditions that can mitigate the risk. Where risk cannot be mitigated through an alternative to detention, detention will be continued.

The number of people in detention compared to the total number of foreign nationals coming into Canada remains in the same range as the previous quarters at 0.07%.

CBSA aims to reduce its use of provincial facilities for immigration detention. In Q2, CBSA used provincial facilities for 48% of its detentions. In in Q3, this dropped to 44% . In Q3 of 2019 to 2020, the use of provincial facilities stood at only 23%. The increase in the use of provincial facilities since the same time last year is linked to a greater proportion of individuals being detained as a danger to the public . Additionally as detention volumes decrease, the proportion of individuals who are deemed not suitable for release remains high when compared to the total number of individuals detained. As overall detentions decrease, it is important to understand the risk profiles of the individuals who are detained as context for the increased use of provincial facilities.

The average length of detention has decreased from 25 days in Q2 to 21.7 days in Q3, but still a notable increase from Q3 of 2019 to 2020 (12.4 days). Due to the increased use of alternatives to detention (ATD) for lower-risk individuals, plus the low number of people coming into Canada, those who remain in detention tend to be higher-risk cases. Higher-risk individuals are typically detained for longer periods of time. As such it is natural for the average length of detention to increase, when the population that remains in detention is largely made up of higher risk individuals.

The number of persons detained for over 99 days has not significantly changed from previous quarter (59 in Q3 of 2020 to 2021 and 57 in Q2 of 2020 to 2021). When compared to the same period last year (Q3 of 2019 to 2020), the CBSA noted a decrease of 43% (from 103 to 59) in the number of persons detained over 99 days. The reduction in the number of long-term detainees over the last few years continues to be explained by a number of operational practices put in place that ensure that the CBSA is actively pursuing removals while also using alternatives to detention as needed.

Detention or housing of minors

Definitions

Best interests of the child:

An international principle to ensure children enjoy the full and effective benefit of all their rights recognized in Canadian law and the Convention on the Rights of the Child. It is also a rule of procedure that includes an assessment of the possible impact (positive or negative) of a decision on the child or children concerned.

Minor:

A person under the age of 18.

Accompanied minor:

A foreign national or permanent resident who arrives to Canada accompanied by a responsible adult (parent, guardian).

Detained minor:

A foreign national or permanent resident who is deemed to be inadmissible and is subject to an Order for Detention under A55 of the Immigration and Refugee Protection Act(IRPA).

Housed minor:

A foreign national, permanent resident or Canadian citizen who, after the completion of a best interest of the child assessment, is kept with their detained parent / legal guardian at an IHC at the latter's request. A housed minor is not subject to an Order for Detention and is free to remain and re-enter the CBSA IHC subject to the parent / legal guardian's consent.

Unaccompanied minor:

A foreign national or permanent resident who arrives to Canada unaccompanied by a responsible adult (parent, guardian) and is not effectively taken into the care of such a person.

Analysis: Detention or housing of minors in the third quarter

There were no minors housed or detained in the third quarter of 2020 to 2021. In the past, the CBSA noted that the vast majority of minors housed with their parents in an immigration holding centre were from families arriving irregularly to Canada between borders. In March 2020, the border was closed to most foreign nationals and those attempting to enter Canada between ports of entry were told to return to the United States. As a result of the limited number of families seeking entry at ports of entry, fewer minors housed.

Date modified:

2021-04-08