Federal Arrangements with Partners and Stakeholders for Immigration Detention

Backgrounder

Detainees who are required to be held under Canada’s Immigration laws will have safer, more secure and humane detention conditions that take into consideration their overall well-being under a consistent national program that is both sustainable and affordable. 

By reducing the use of provincial facilities, improving infrastructure at current Immigration Holding Centres, expanding the availability and use of alternatives to detention and working closely with trusted partners, the Canada Border Services Agency (CBSA) will greatly improve its national immigration detention program and better meet both national and international standards for immigration detention.

New partnerships, strengthened engagement and the collective expertise of trusted organizations, will assist the CBSA in reaching the objectives of the new National Immigration Detention Framework. 

The CBSA will build new partnerships and strengthen existing relationships with key partners and stakeholders, such as the Canadian Red Cross, the United Nations Human Rights Commission, the Canadian Council for Refugees, mental health organizations, immigration representatives, the academic sector and provinces.

The CBSA will engage with partners and stakeholders to expand, develop and implement alternatives to detention, including:

• community supervision and effective monitoring;
• improve national policies;
• provide greater program transparency;
• improve mental health support; and
• strengthen arrangements with provinces.

These alternatives to detention will minimize the housing of children in detention facilities to the greatest extent possible and ensure national availability of alternatives to detention to the fullest degree possible. Where detention is necessary, the alternatives will meet international and national standards for immigration detention.

Currently, people detained under the Immigration and Refugee Protection Act may be detained in immigration holding centres (IHC) or in provincial facilities. The CBSA administers three IHCs located in Toronto, Laval and a short term facility in Vancouver.

In provinces where there are no IHCs and/or the person presents a higher risk profile, the CBSA relies on the use of provincial facilities. With the new facilities, the CBSA will have the capacity to transfer a significant number of detainees currently held in provincial facilities. Only highest risk detainees will remain in provincial facilities.

The federal government has arrangements with provinces for the housing of immigration detainees. A Memorandum of Understanding (MOU) with the Province of Ontario sets out the obligations for detention under this arrangement with the CBSA. The conditions of detention, including the treatment and privileges of persons detained, are generally governed by the provincial Ministry of Correctional Services Act and the policy and procedures of the Ministry of Community Safety and Correctional Service. Where possible, immigration detainees housed in provincial facilities do not co-mingle with individuals detained for criminal reasons.

Pursuant to a MOU with the CBSA, the Canadian Red Cross carries out an independent monitoring program of the arrangements and conditions of immigration detainees in IHCs and in provincial jails, and makes recommendations for improvements to the CBSA.

The CBSA is currently in negotiations with the provinces of Quebec and British Columbia to establish similar MOUs to improve services in their respective provincial facilities for immigration detainees.

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