Foreign nationals or permanent residents in Canada can face immigration detention on the basis of failure to prove identity, a finding that they could pose a danger to the public, or a finding that they are unlikely to appear for a hearing or for removal.
The Canada Border Services Agency (CBSA) is required to offer a detention review within 48 hours of the initial detention. After that, another review must be held within seven (7) days, and subsequent reviews every thirty (30) days. At the detention review, the Immigration Division may decide to continue detention or release the person detained, either with or without conditions.
Persons facing detention under the Immigration and Refugee Protection Act have the right to be represented by a lawyer. The Immigration Law Group at Perley-Robertson, Hill & McDougall LLP can help those in detention by representing them at detention review proceedings, providing professional advice on available options, and assisting with underlying immigration or refugee issues. Please contact us for more information on our services or to set up a consultation.
Detained and Terrified: Immigration Detainees and their Rights to Justice – Warren Creates, CBA Annual Immigration Law Conference, April 2009