Background
Canada's Immigration and Refugee Protection Act (IRPA) stipulates who is inadmissible to Canada, including for reasons of security, human or international rights violations or organized criminality. Under the IRPA, the Canada Border Services Agency (CBSA) has authority to arrest, detain and remove permanent residents and foreign nationals who are found to be inadmissible to Canada. The CBSA also has the statutory obligation to remove individuals as soon as possible. The CBSA is the sole federal accountable immigration detention authority, and as such, is responsible for the care and control of immigration detainees.
Detention can be used at the beginning of the enforcement process when the identity of a non-citizen has yet to be established or if the person is believed to be a danger to the public. It can also be used at the end of the enforcement process when removal is imminent and the person is unlikely to appear for removal.
The CBSA’s policy and guidelines are clear; if detention is required for immigration purposes, it should be for the shortest time possible. Several factors must be considered when deciding to detain, including the availability and potential use of alternatives to detention when appropriate; allowing a person to be released under specific terms and conditions, such as deposits and guarantees; and, reporting requirements. When making detention decisions, CBSA officers are guided by the IRPA and its regulations, as well as CBSA detention guidelines. Each decision rests on a set of individual circumstances that must be assessed on their own merit. Officers must always consider the impact releasing someone into the community would have on the safety of Canadians.
All individuals subject to detention are entitled to a detention review(s), according to timelines specified within the IRPA and its regulations. These detention reviews are conducted and decisions are made by the Immigration and Refugee Board (IRB), an independent quasi-judicial body that makes determinations on immigration-related matters. In addition to detention reviews, most detainees will be subject to immigration hearing procedures that are undertaken to rectify their immigration status within Canada. These hearings are also undertaken by the IRB, independent of the CBSA.
Requirement Definition
The CBSA has a requirement for the immigration detention monitoring services by an impartial and reputable third party organization to ensure that individuals detained pursuant to the IRPA in any Canadian facility, CBSA-operated or otherwise, are held and treated in compliance with applicable detention standards and international instruments to which Canada is signatory. The independent immigration detention monitoring program is critical to supporting the Government of Canada’s commitment to respecting human rights while upholding the rule of law.
The scope of work includes:
Conducting at least 70 visits per year to the Canadian facilities (CBSA-operated immigration holding centres, provincial correctional facilities and other municipal or territorial detention facilities) across Canada to ensure that persons detained pursuant to Section 55 of the IRPA are held and treated in accordance with applicable domestic laws and international standards;
Identifying gaps, problems or failures in the detention system that impact the conditions of detention and the treatment of individuals;
Providing independent and neutral advice and reports to CBSA management, which are focused on systems and include: facility reports; regional quarterly reports; national annual report; ad-hoc reports in the event of an emerging issue; and, financial reports, upon request; and,
Making recommendations to the CBSA or other detaining authorities that would lead to improvements in the overall detention environment.
