Solutions de rechange à la détention (SRD) – Journée de consultation de l’industrie

Project BackgroundUnder the Immigration Refugee Protection Act (IRPA), the CBSA is the sole federal accountable immigration detention authority and as such is responsible for the care and control of immigration detainees. The selective use of detention is a key part of the CBSA’s overall immigration enforcement mandate to protect Canada from criminals and security risks; to prevent human smuggling and trafficking; ensure compliance with the refugee determination system and to respond appropriately when evidence to the contrary is present.
The CBSA’s application of its detention authorities is risk-based and supports the selective use of detention. Detention is a last resort and alternatives are always considered. Guidelines clearly indicate that officers must consider ATDs before ordering a person detained. In efforts to continually improve the detention program, and address current detention pressures, including the need for increased national consistency, efficiency through improved risk management and sustainable infrastructure, the CBSA is considering the expansion of its current ATD program.
The expanded, national ATD program is built upon risk-based case management principles to provide consistent and reliable services to all eligible detainees across Canada. Release into the community through bond release and release to a service provider provides CBSA Officers with tools to allow individuals the ability to avoid detention, or facilitate the release of eligible detainees.
The ATD program is complimented with technology-based tools, including an expanded Voice Reporting (VR) program and a proposed Global Positioning System (GPS) Electronic Monitoring program intended to encourage wider compliance by those within Canada’s immigration continuum.
Case management is a holistic service delivery approach tailored to individual needs and identified risk levels. The core elements of the case management model include screening (particularly for vulnerabilities) and assessment, case planning, intervention, ongoing review and case closure.
A case management approach in the Canadian immigration detention context would assist individuals to maintain compliance until their removal from Canada, or until their case is otherwise resolved, while always maintaining the level of supervision considered essential for each individual.
The service provider would contribute to the management of that risk through facilitating and coordinating the acquisition of necessary services, as documented in the ATD Plan. The plan is developed in partnership with the CBSA, and includes a comprehensive assessment of the client’s risk and needs, and documents appropriate monitoring, services and intervention to mitigate risk.
Based on current detention and release numbers and ongoing evidence-based research, the CBSA anticipates that up to approximately 800 clients across Canada at any one time would require community supervision, including case management services.
An ideal service provider would possess the following key attributes:

Operating as a profit or non-profit corporation;
Understand and support the intent of the Mission and Mandate of the CBSA
Possess a strong understanding of the CBSA’s immigration enforcement and detention population, and the tools and programming required to effectively mitigate risk;
Extensive knowledge of, and working relationships with, community resources (i.e. social housing, social services, employment services, addiction services, mental health expertise/services), and the ability to use their referral network and expertise to provide assistance and guidance to persons under their supervision;
Possess a broad knowledge base in relation to high need and high risk populations (see 2e);
Be able to deal effectively and professionally with persons detained under the IRPA, lawyers, or other counsel and members of the public in a professional and ethical manner, and be aware of the rights and obligations of individuals;
Communicate effectively, both verbally and in writing, and have the ability to write reports, protect evidence, and conduct themselves appropriately before the IRB;
Be prepared and able to process in-person reporting and provide information on electronic reporting and supervision tools reporting as required;
Be prepared to operate on a national scale and/or operate regionally in Canada in cooperation with other national and/or regional service providers;
Be able to obtain an Enhanced Reliability security clearance with the CBSA.

Community Supervision Through Case Management The CBSA is seeking information from service providers that may offer case management services to manage and coordinate the release of immigration detainees into community supervision programs. The service provider would contribute to the management of risk through facilitating and coordinating the acquisition of necessary services, as documented in a detailed ATD Plan established by the CBSA, in partnership with the service provider, based on a comprehensive assessment of client risk and need.
Ideally, the service provider would be expected to carry out the following functions on behalf and/or in partnership with the CBSA:

Individual Case Management & Planning

Manage a caseload of files and offer expertise to a multi-disciplinary team comprised of CBSA officers and management, correctional and/or criminal justice partners and/or independent third parties regarding the availability of relevant community supervision programs;
Manage the client ATD Plan and coordinate and facilitate a comprehensive assessment, intervention and referral process to address individual client needs and risk;
Communicate with clients, institutional and community counterparts and other external partners and stakeholders to initiate release plans and facilitate the transition from the institution into the community;
Refer clients to appropriate resources in the community and provide access or make referrals to professionals with services pertaining to health and mental health; addiction; housing and employment and child care needs;

Intervention

Establish, foster and maintain effective, meaningful and professional interactions with clients through direct intervention and counselling to build rapport and encourage clients to comply with all conditions imposed by the CBSA, including those pertaining to release;
Possess working relationships with community resources, which would include:
maintaining contact with community agencies and partners who provide reintegration and support services to assist clients, where necessary;
taking steps to ensure a positive relationship with the community;
liaising with local law enforcement to facilitate communication.

Referral to, or Provision of, Community Supervision Services
In addition to the case manager role the service provider is required by the CBSA, to ensure the following services are available, either delivered by the service partner, or by various subcontractors as required by the service provider:

Verification Services for SupervisionIncludes verifying assessments of client risk and need against individual facility and/or program admission criteria as well as the capacity of the organization to address client-specific needs.

Supervisory/Monitoring ServicesProvide supervisory and monitoring services on behalf of the CBSA, which may include the reporting of any breach to reporting/residency/curfew obligations, as established by the CBSA. This would include:

Monitoring client’s behaviour and reporting:
Any violation of conditions of release;
Any significant increase in the clients’ risk of absconding and/or re-offending; and,
Any other relevant information concerning the offender’s behaviour and performance in the community

Reporting to the CBSA if client cannot be located within an established and agreed-upon timeframe;
Periodically checking individual residents’ activities and destinations while the resident is away from the facility and record the results of these checks;
On-site and awake staff 24 hours per day at any residential facilities.

Support Services*The service provider(s) would also be required to draw upon a range of services to assist released individuals in meeting release conditions imposed by the CBSA. At a minimum, the service provider would be required to provide linkages with resources providing the following services, when necessary:

Health and mental health services;
Addictions counselling;
Social services through existing community/provincial resources;
Support with preparing for and attaining employment and/or education;
Support with locating and attaining accommodation, either short or longer term;
Assist familial units and minors with needs related to education, housing and social services;
Monitor and support client activities against release plans.

Enhanced Services*Any service provider would be required to provide, on a case-by-case basis, enhanced services and or specialized programs to support the release of high risk offenders with issues including:

History of violence and violent crimes;
Sexual offenders;
Affiliations with gangs and organized crime;
Substance abuse histories and problems;
Mental health disorders; and/or
Propensity to abscond.

Accommodation/Meals(as necessary)*

Provide 24 hour residential services for specific individuals referred to them by the CBSA, and/or a Case Management Partner on behalf of the CBSA.
Provision of three (3) meals a day to residents, or the provision of a meal allowance* The above noted services would need to accommodate a wide range of clientele. Particular services will need to be made available, when required, to accommodate unaccompanied minors, familial units and/or other vulnerable populations.

Ongoing File Review

Provide continued assessment and management of risk, including encouraging and assisting clients to remain compliant with CBSA, and/or third party release conditions. \
Monitor progress against, and make adjustments as required to, clients’ release plans and prepare release plan updates along with pre-and post-release reports in consultation with the CBSA.
Provide timely, statistical and narrative information, as determined in consultation with the CBSA, on program caseload, including reporting against established performance indicators.

Case Closure
The case is closed when the individual graduates from the program through a process of de-escalation, departs the country or is granted the right to remain in Canada. In the case of departure, the service provider would be responsible for undertaking in-person interviews and providing information packages and facilitate their removal and allow for ease of return to their country of origin.