Detentions are a tool used to protect the integrity of our border and the security of Canadian society. They are a necessary part of enforcing the Immigration and Refugee Protection Act (IRPA).
CBSA Officers may detain foreign nationals and permanent residents when there are reasonable grounds to believe the person is inadmissible and:
- a danger to the public; or
- unlikely to appear for immigration processes; or
- the person's identity is in question; or
- the person is designated as part of an irregular arrival by the Minister of Public Safety.
About detention facilities:
People are detained in either a CBSA-operated immigration holding centre or a provincial correctional facility in accordance with an arrangement with the CBSA. The facility used is based on the degree of danger or risk these individuals pose to themselves or others and availability. The CBSA relies on provincial correctional facilities to detain higher-risk detainees (for example, those with a violent criminal background); lower-risk detainees in areas not served by an immigration holding centre; and for those detained over 72 hours in the Vancouver area. The CBSA detains lower-risk individuals in CBSA-operated immigration holding centres where available. The CBSA administers three immigration holding centres:
- Laval, Quebec;
- Toronto, Ontario; and
- a small, short-term facility in Vancouver, British Columbia.
Individuals detained in a CBSA-administered immigration holding centre have access to a range of services, including:
- Telephones: Detainees are free to make local calls (at no cost), including legal counsel and consulate officials.
- Legal Counsel: An individual may request access to legal counsel in person or over the phone at any point in detention.
- NGOs: Representatives from the Canadian Red Cross, the United Nations High Commission for Refugees in Canada, the Canadian Council for Refugees, and other immigrant and refugee support services.
- CBSA Officer: A CBSA officer with detainee liaison responsibilities is available to follow up regarding the needs and requests from the detainee and ensure that they are met.
- Translation: Detainees are provided written communication regarding detention which is available in 16 languages and they have access to interpreters.
- Medical services: Medical personnel are accessible 24/7 and all officers and guards are trained in first aid.
- Religious Services: Accommodations may be made for an individual in detention to practice his/her religion.
Detention Monitoring:
The CBSA seeks to continuously improve its detention program and facilities. The Agency’s quality assurance program includes systematic internal and external audits and evaluations. Under a Memorandum of Understanding between the CBSA and the Canadian Red Cross, an independent and non-profit organization, the Canadian Red Cross monitors detention conditions in each CBSA facility, as well as in correctional facilities in several provinces. Specifically, the Canadian Red Cross monitors and provides recommendations to the CBSA regarding, among other items:
- conditions of detention, including access to medical services;
- allegations of ill-treatment, including access to a complaint mechanism;
- legal guarantees, including access to counsel; and
- family contact, including access and communications.
The CBSA also regularly consults other stakeholders, such as the United Nations High Commission for Refugees, about immigration detention. The United Nations High Commission for Refugees carries out a key global monitoring and advisory role regarding national detention programs. By building on stakeholder recommendations and consultations, the CBSA works continuously to strengthen the detention program and facilities while protecting the safety, health and security of Canadians.
Please visit the following Website for additional information on Measures taken at the British Columbia Immigration Holding Centre
