Immigration detention in Canada
The Canada Border Services Agency (CBSA) manages immigration detention to keep Canadians safe from individuals who may pose a danger to society, and to maintain the integrity of our immigration system.
Canada’s immigration detention program
Canada’s immigration detention program is governed by the Immigration and Refugee Protection Act (IRPA) and its regulations. The CBSA uses detention as a measure of last resort, and only after considering all available alternatives to detention, the specific factors of the case, and any potential impact of release.
Detention serves two primary objectives:
- Keeping the public safe from individuals who may pose a potential danger to society
- Maintaining the integrity of Canada’s immigration system by ensuring that individuals subject to immigration enforcement comply with program requirements
The detention program is carried out in accordance with fundamental procedural safeguards and the Canadian Charter of Rights and Freedoms. Individuals who are detained for immigration purposes are protected from arbitrary detention and are able to submit your feedback, including judicial review.
The National Immigration Detention Framework ensures that any detention or release decision is made in correspondence with a client’s risk profile. Under the National Immigration Detention Framework, the CBSA has successfully enhanced alternatives to detention, provided better mental and medical health services at Immigration Holding Centres, and expanded partnerships and included key investments to improve immigration detention infrastructure.
Who may be detained and why
The CBSA must consider all reasonable alternatives to detention before making the decision to detain a person.
According to the IRPA, the CBSA may detain foreign nationals and permanent residents when there are reasonable grounds to believe the person is:
- a danger to the public
- unlikely to appear (flight risk) for immigration processes
- unable to satisfy the officer of their identity (foreign nationals only)
The CBSA may also detain foreign nationals and permanent residents at a port of entry where there are reasonable grounds to suspect the individual is inadmissible (not allowed into Canada) for:
- security concerns
- human rights violations
- criminality
- the purpose of completing an immigration examination
For information on the different grounds for immigration detention, refer to section 55(1) to (3) of the IRPA.
Reviewing detention decisions
The Immigration and Refugee Board of Canada conducts detention reviews. During these reviews, the member must consider the circumstances of the case, the length of detention, and the suitability for alternatives to detention. Based on the review findings, the member decides whether a person should be detained or released, with or without conditions.
Detention decisions are first reviewed within 48 hours after a person is detained. A second review takes place within the following 7 days. If a person remains detained beyond this point then a detention review will occur every 30 days thereafter. Learn more about the Immigration and Refugee Board’s detention review hearings process.
Within the first 48 hours following detention, the CBSA will carefully consider the details of each case to determine if a viable alternative to detention exists. If there is a viable release option, the CBSA may release prior to the 48 hour detention review or recommend release at the detention review. Learn more about alternatives to detention.
Where people are detained
Detained persons are typically sent to Immigration Holding Centres (IHC). Detained persons who present higher risk profiles, or who are public safety risks, may be housed in more secure facilities, where available. If detention is needed for a brief period, the CBSA may also use facilities operated by other law enforcement agencies, CBSA ports of entry, or CBSA inland enforcement cells.
The CBSA has upgraded its IHCs to reduce, and eventually eliminate, its reliance on provincial correctional facilities. The infrastructure upgrades and new services are intended to provide a better standard of care to all detainees under CBSA custody while ensuring the Agency’s capacity to safely detain individuals of different risk levels.
When determining where a person will be detained, the CBSA considers everything about a person’s circumstances, including the grounds for detention and their behaviour. The CBSA automatically re-assesses detained persons on a regular basis to identify any changes in risk level. This process takes all new information into account, including whether the person would be suitable for an alternative to detention.
Learn more about the immigration detention facilities.
Minors
The CBSA must consider the best interest of the child in every case that involves a minor. Only in exceptional circumstances do we house minors.
For more information, visit the CBSA’s National Directive for the Detention or Housing of Minors.
Monitoring
The Royal Assent of An Act establishing the Public Complaints and Review Commission will ensure the CBSA is subject to greater accountability and transparency. The establishment of the new Public Complaints and Review Commission (PCRC) will provide an avenue for the public to submit complaints, should they have concerns about the conduct of a CBSA officer, or of any person who assists the Agency in the exercise of any of its powers or the performance of any of its duties and functions under the Canada Border Services Agency Act, or the level of service they provided. Further, the PCRC will have the ability to conduct systemic reviews of the activities of the CBSA. The PCRC will issue findings and recommendations stemming from their reviews and investigations, to which the CBSA will provide a response to address issues raised
For transparency, the CBSA provides open access to its facilities to non-government organizations, such as the United Nations High Commissioner for Refugees that provide support to detainees. Further, the Canadian Red Cross independently monitors conditions of detention and the treatment of detainees in CBSA IHCs, to ensure alignment with domestic legislation and international obligations to which Canada is signatory. These findings are tabled in an annual report which is published on CBSA’s website: Detention statistics and monitoring reports
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