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Key Provisions in the Immigration Detention Rules
The following article will provide a comprehensive overview of the key provisions in Immigration Detention Rules in Canada. The expert lawyers from LexLords Canada Immigration Lawyers will provide concise elucidation of these complex legal issues, offering readers insights gained through their years of experience in the field.
Overview of Immigration Detention Rules
Immigration detention in Canada occurs when the Canadian Border Services Agency (CBSA) or Immigration, Refugees and Citizenship Canada (IRCC) holds an individual who is either being investigated for immigration violations or who has been ordered deported from Canada.
General Principles of Immigration Detention
Detention should only occur when necessary, and all other alternatives should be exhausted first.
Decision to Detain:
This decision must be based on individual assessment and can only be resorted to if the person is a flight risk, threat to public safety, or if their identity cannot be confirmed.
Detention should be as short as possible, and it should be reviewed regularly.
Detainees should be treated with respect and dignity. They are entitled to proper facilities and access to medical care.
Right to Representation:
All detainees have the right to legal representation and to challenge their detention before a court.
Detailed breakdown of key provisions
Initial Order of Detention (Section 55 of the Immigration and Refugee Protection Act)
Continued Detention (Section 57 and 58 of the Immigration and Refugee Protection Act)
- After the initial order, the detention will be reviewed by the Immigration Division of the Immigration and Refugee Board of Canada within seven days and subsequently every 30 days thereafter.
- The burden of proof lies with the person concerned to prove that there are no grounds for detention.
Grounds for Detention (Section 58 of the Immigration and Refugee Protection Act)
- There are three grounds for detention: being a danger to the public, unlikely to appear for examination or hearing, or unable to establish identity.
Case Laws and Judgments
Charkaoui v. Canada:
The Supreme Court of Canada held that indefinite detention violates the Canadian Charter of Rights and Freedoms. It also ruled that detainees have the right to know the reasons for their detention and should have access to legal representation.
B010 v. Canada:
The Supreme Court clarified that to be classified as a danger to the public, an individual must pose “serious criminality,” which is defined as a crime punishable by a maximum term of imprisonment of at least 10 years in Canada.
Bouzari v. Canada:
It was ruled by the Federal Court of Canada that it was inappropriate for the CBSA to continue detaining Mr. Bouzari without any reasonable prospect of removal from Canada in the foreseeable future.
Understanding these key provisions and judgments can aid individuals in navigating the complexities of immigration detention. It’s vital to understand your rights and obligations under Canadian law, and to seek guidance from experienced immigration lawyers when facing such situations.
This overview has been provided by the lawyers at LexLords Canada Immigration Lawyers, who have years of experience and in-depth knowledge of Canadian law. Their expertise makes them equipped to handle complex immigration cases and protect the rights of their clients.