Immigration detention: detention reviews
When a person is detained by the Canada Border Services Agency (CBSA) under the Immigration and Refugee Protection Act, the law provides for regular reviews of the reasons for detention. This guide presents these rules in general terms.
In short
If the person is not released, a first review takes place within 48 hours.
Reviews are held by the Immigration Division of the Immigration and Refugee Board.
The person may be released with conditions.
Why can a person be detained?
A person may be detained, among other reasons, when the authorities:
believe they will not appear for an interview, a hearing or their removal;
need to confirm their identity;
consider that they are a danger to the public or a security risk;
need time to obtain the travel documents required for removal.
When do reviews take place?
First review: if the person is not released, within 48 hours.
Second review: within the following 7 days.
Subsequent reviews: every 30 days, until release or removal.
These reviews are held by the Immigration Division of the Immigration and Refugee Board, which examines whether detention is still justified.
What are the detained person’s rights?
The right to know the reasons for detention.
The right to an interpreter at the review hearing, if they do not understand English or French.
The possibility of being represented by a lawyer.
What are the alternatives to detention?
The person may be released with conditions. According to the CBSA, alternatives to detention may include a deposit or guarantee, reporting conditions, a bondsperson and a community supervision program.
Where is the holding centre?
In Quebec, the CBSA operates the Laval Immigration Holding Centre.
What documents should you gather for a consultation?
The detained person’s full name, date of birth and, if known, client number
The place of detention and the date of arrest
Any available identity documents
For a potential bondsperson: identification, proof of status in Canada and proof of income
Proof of ties to Canada: lease, employment, children’s birth certificates
Consulting a lawyer
This guide presents general rules. Every situation is different and must be assessed on its own facts. To learn more about our practice, see the Immigration Detention Reviews page or request a consultation.
This guide contains general legal information. It is not legal advice and does not create a lawyer-client relationship.
