LoP: Immigration Detention in Canada 

Another useful primer by the Library of Parliament:

Canada’s immigration detention system is governed by the Immigration and Refugee Protection Act (IRPA), the Immigration and Refugee Protection Regulations(the Regulations) and the international human rights treaties ratified by the government. The Canadian Border Services Agency (CBSA) is responsible for managing the detention process of foreign nationals and permanent residents, while the Immigration Division of the Immigration and Refugee Board of Canada reviews immigration detention decisions.

Canadian legal framework for immigration detention

The reasons for which a foreign national or permanent resident may be detained in Canada are set out in the IRPA, and include detention:

• upon entry into Canada, to complete an examination and confirm identity;
• for suspected inadmissibility on grounds of security, human rights violations or serious crimes;
• based on a reasonable belief that the person is a danger to the public; and
• based on doubt that they will appear for an examination, an admissibility hearing or a related legal proceeding.

The Regulations set out further factors to be considered when determining whether to detain an individual, including any past criminal convictions, links to organized crime, organized human smuggling or trafficking, or unwillingness to cooperate with government officials to establish their identity.

According to the CBSA’s recent data on persons detained, by ground for detention, most individuals are held for administrative reasons and pose no risk to the public.

When a person is detained, the Immigration Division reviews the grounds for detention within 48 hours and again within the next 7 days, then every subsequent period of 30 days. The Canadian Charter of Rights and Freedoms requires that a person subject to the IRPA’s detention review process has access to a meaningful and robust review that considers the context and circumstances of their individual case. Every person must have a real opportunity to challenge their detention. During the detention review, the Minister of Public Safety and Emergency Preparedness, through designated officials, must demonstrate that there are reasons that continue to warrant detention. The Immigration Division may order the release of a foreign national and impose any conditions it deems necessary.

There is no limit to the period for which a person can be held in immigration detention. As shown in Table 1, in 2023–2024, a person held for immigration purposes was detained, on average, for 19 days. However, the median shows that, between 2012–2013 and 2023–2024, one half of immigration detainees were held for three days or less….

Source: Immigration Detention in Canada