PACP - Escorted Removals - Nov 24, 2020

• The Canada Border Service Agency (CBSA) plays a vital role contributing to the safety and security of Canadians and upholding the fairness and integrity of the Canadian immigration and refugee system by removing foreign nationals who are inadmissible, or have no legal right to remain, in Canada.
• While the majority of foreign nationals depart Canada on their own accord, about 10% of all enforced removals may warrant the assignment of Inland Enforcement Officers (IEOs) to escort foreign nationals during removal, in order to preserve public safety and to uphold program integrity.
• The CBSA has a strict approach to escorted removals, which includes detailed procedures, including a detailed risk assessment exercise, to be followed before, during, and after scheduling an escorted removal.

Questions and Answers:

Q1: How is the need for escorts assessed?

The objective of assessing the need for escorts is to minimize the risk to the safety and security of the person(s) being removed, the travelling public, transportation company personnel and/or the officer(s) conducting the removal. The role of the officer is to gather relevant information on the case, identify possible risk, and to recommend to their respective management whether an escort is required. The final decision on the need for escort rests with management. When it is deemed that an escort is necessary, the following factors are considered in order to avoid unnecessary risk and to ensure the success of the removal:

• the number of officers required to effect the removal;
• the physical capability of the officers to restrain the individual should it become necessary; and
• the circumstances and locations in which the removal will take place.

Q2. How often do escorts take place?

Based on the most current available information, escorted removals represent approximately 10% of the total removals conducted by the CBSA. Escorts are assigned based on a risk assessment matrix, considering ever evolving situational factors.

Q3. What happens if the escorted removal cannot proceed via a commercial flight?

Infrequently, the prospect of removal on board commercial flight becomes unfeasible. This may be due to the refusal of all prospective airlines to carry the deportee or as a result of extenuating circumstances, such as the need for specialized medical care or complete lack of available routing. In these instances, the CBSA may contract a charter aircraft to allow the escorted removal to proceed.

Background information:

The removal from Canada of inadmissible foreign nationals is central to the mandate of the Canada Border Services Agency (CBSA). While the majority of foreign nationals depart Canada on their own accord, some cases may warrant the assignment of Inland Enforcement Officers (IEOs) to escort the concerned foreign national during removal, to preserve public safety and to uphold program integrity. Escorted removals represent approximately 10% of all removals conducted by the agency within the last five fiscal years.

The escort function is governed by a strict adherence to a continuous risk assessment of all known situational factors, including criminality, behavioural history, medical status, airline specifications and transit requirements. The CBSA has developed a robust matrix that guides and assists managers through the risk assessment process for escort assignment.

In accordance with the Canadian Aviation Security Regulations, the IEO performing the escort duty is responsible for the care and control of the deportee, at all times. Therefore, the IEO must sit next to the deportee and carry restraining devices for use if necessary. All officers conducting escorted removals are certified in the CBSA’s Use of Force Training, and have taken the CBSA’s Air Mode Transport Training.

Escorted removal activities are divided into three categories: escorts, accompaniment (facilitation) and detained transport.

• Escorts are defined as assignments that require international travel to effect removal and where management has determined a positive risk assessment exists, this may be due to factors such as criminal history, violent behavior and physical resistance to removal efforts.
• Accompaniments (or facilitations) are denoted as assignments that require CBSA’s presence, despite management’s determination that no risk exists. These tasks include cases requiring the presence of a CBSA officer as a requirement imposed by the airline or as a result of CBSA’s decision to assist with international transit procedures.
• Detained transports are assignments requiring the transfer of the detainees within Canada due to risk. These often involve the transport of detainees from the detention facility to their consular representation in Canada for an interview required for the issuance of a travel document. The transport may be by car or onboard a domestic flight.

In preparation for removal, the officer with carriage of the file, may request a medical opinion regarding the Medical Requirements for Removal (MRR). Based on the recommendation from a physician contracted by the Agency (following a review of the foreign nationals medical files), the CBSA may determine an escort is warranted with an accompanying contracted nurse.

The escort function is essential to the mandate of the CBSA. It allows the Agency to have direct input and accountability over the enforcement of removal cases presenting complex factors.

Relevant Data / Statistics:

Escorted removals for last 5 fiscal years (up to November 12, 2020)