Immigration detention

If you — or someone in your family — have been detained by the Canada Border Services Agency (CBSA), the law does not allow detention to simply continue. It must be reviewed by a tribunal, on a schedule fixed by law, and at every review the question is the same: is there a reason to keep this person detained, or can they be released on conditions?

Why people are detained

The CBSA can detain a person for immigration reasons, mainly: identity that has not been established, a risk that the person will not appear for a procedure or a removal — what the law calls flight risk — or an allegation that the person is a danger to the public. Detention is not a punishment and it is not a criminal sentence. It is a measure that must be justified, every time, in front of a decision-maker.

The review schedule

Detention is reviewed by the Immigration Division of the Immigration and Refugee Board of Canada (IRB). The first review must happen within 48 hours (to be verified — IRPA s. 57) of detention, the next within 7 days (to be verified — IRPA s. 57), and then at least every 30 days (to be verified — IRPA s. 57) for as long as detention lasts. Each review is a real hearing: the CBSA must justify continued detention, and the detained person can respond, with a lawyer.

How release is argued

At a detention review, the member weighs the reasons for detention against alternatives. The strongest cases for release are built on concrete alternatives: a bondsperson — a person with status in Canada who deposits or promises money and agrees to supervise — a stable address, reporting conditions, or community supervision programs. Each review is a fresh decision, but in practice, earlier decisions weigh on later ones. That is a reason to arrive prepared at the first review, not the third.

Detained with a procedure ongoing

Detention does not erase your other files. A refugee claim, an appeal to the Refugee Appeal Division (RAD), a Pre-Removal Risk Assessment (PRRA), or a Federal Court case can all continue while a person is detained — and the outcome of those files often changes the detention question itself. The two tracks have to be run together, not one after the other.

If you are the family member

Many detention files begin with a call from a spouse, a sibling, or a friend — not from the detained person. That is normal, and useful: a lawyer can be retained for a detained person by someone close to them, and the release plan often depends on family. If you are considering acting as bondsperson, start gathering proof of your status in Canada, your income, and your address — those are the documents the tribunal will want to see.

Where this happens

Immigration detention in Quebec is usually at the immigration holding centre in Laval; in some situations, people are held in provincial facilities. Reviews are frequently held by videoconference, which means representation does not depend on where in Canada the person is held.

What I do

I act quickly, because the schedule is fixed by law and the first review comes fast. I gather what a release plan needs — a bondsperson, an address, documents that answer the CBSA's concerns — and I represent the detained person at each review. In parallel, I keep the underlying immigration file moving. I am a lawyer, a member of the Barreau du Québec, and an authorized representative under section 91 of the Immigration and Refugee Protection Act (IRPA). I represent clients anywhere in Canada, in English, French or Spanish.

If someone close to you has been detained, the first review is already scheduled. Let's talk about it.