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Detention at the Port of Entry (POE)

Canada's immigration law permits the CBSA to detain permanent residents and foreign nationals under certain conditions. Officers must consider all reasonable alternatives before making the decision to detain an individual. The CBSA ensures that it is exercising responsibility for detentions to the highest possible standards. The physical and mental health and well-being of detainees, as well as the safety and security of Canadians, are primary considerations. The launch of the National Immigration Detention Framework (NIDF) marked the onset of the transformation of Canada's immigration detention system, to make it better and fairer.

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Information for people detained under IRPA 

https://www.cbsa-asfc.gc.ca/publications/pub/bsf5012-eng.pdf

Arrests

A CBSA officer may issue a warrant for the arrest and detention of a permanent resident or foreign national if the officer has reasonable grounds to believe the individual is inadmissible under the Immigration and Refugee Protection Act and:

  • poses a danger to the public

  • is unlikely to appear for an examination, an admissibility hearing, a removal from Canada or at a proceeding that could lead to the making of a removal order by the Minister's Delegate

  • cannot prove their identity to the satisfaction of the officer

  • is part of an irregular arrival as designated by the Minister of Public Safety and Emergency Preparedness

Immigration law allows for the arrest and detention of foreign nationals without a warrant.

In all cases, the Canadian Charter of Rights and Freedoms requires that the arresting officer inform the arrested individual of:

  • the reasons for their arrest

  • their right to legal representation

  • their right to notify a representative of their government that they have been arrested

Detentions

CBSA officers can detain a foreign national or permanent resident at a port of entry if:

  • it is necessary to complete an examination

  • there are reasons to believe that the person is inadmissible on grounds of security, violating human or international rights, serious criminality, criminality or organized criminality

CBSA officers can also detain a foreign national if:

  1. they have reasonable grounds to believe the person is:

    • unlikely to appear for an immigration proceeding (for example, examination, hearing, removal)

    • a danger to the public

    • unable to satisfy the officer of their identity

  2. they are designated as part of an irregular arrival by the Minister of Public Safety.

Reasons for continuing detention may be found in the Immigration and Refugee Protection Regulations.

Find out more about detentions.

Alternatives to Detention Program

The CBSA started the national roll-out of its Alternatives to Detention (ATD) Program, which represents a key pillar of the NIDF. With the implementation of the ATD Program, the CBSA has established an expanded set of tools and programs that enable officers to more effectively release individuals into the community, while achieving balanced enforcement outcomes.

The ATD program was developed in consultation with stakeholders. In addition to release on reporting conditions (that is, in-person reporting), cash deposit or the establishment of a bondsperson, the ATD Program will include additional mechanisms of release:

  • A national Community Case Management and Supervision (CCMS) program that will align in-community support services with individuals’ needs to mitigate any risk factors

  • A national Voice Reporting program that will enable individuals to comply with reporting conditions imposed by the CBSA or the Immigration and Refugee Board (IRB), by using voice biometrics to report to the CBSA at a prescribed interval

  • An Electronic Monitoring program in the Greater Toronto Area region that uses GPS and Radio Frequency to monitor an individual’s whereabouts. The EM program is a pilot for 2 years.

The Alternatives to Detention (ATD) Program provides risk-based, nationally consistent programming to individuals deemed suitable for release from detention. It is an expanded set of tools and programs that enables officers to more effectively release individuals into the community, while achieving balanced enforcement outcomes.

Alternatives to Detention Community Programming

ATD community programming allows individuals to reside in the community supported by family/kin, or supported by a service provider that specializes in community services. Program options can be used alone or together. Options include:

  • release on in-person reporting: The provision of in-person reporting has not changed under the ATD Program. To facilitate the continuous monitoring of individuals in the community, the CBSA and/or the Immigration Refugee Board (IRB) may impose the condition of in-person reporting to the CBSA, as deemed appropriate under their authority.

  • release on a deposit or guarantee to a bondsperson and the imposition of conditions, such as a requirement to regularly report to the CBSA

Release to a Community Case Management and Supervision (CCMS) program: CCMS is intended for persons that lack a bondsperson, and/or who require support in addition to a bondsperson to mitigate risk upon release into the community. The support provided is tailored to individuals’ needs to ensure compliance with program requirements. Services may include:

  • reporting requirements

  • referrals to health and mental health support

  • referrals to addiction support

  • referrals to employment and housing support

  • referrals to family and child programming

  • mandatory residency, as required

Electronic supervision tools

Electronic supervision tools complement community programming by providing additional tools that support communication to the CBSA. These include:

  • Voice Reporting (VR): The VR system uses biometric voiceprint technology to allow individuals to report to the CBSA by telephone on agreed upon intervals. This makes it easier for individuals to report to the CBSA, as individuals may no longer required to report in person to a CBSA office. It allows individuals in remote or distant locations, for whom in-person reporting would not be possible, to use this option. Individuals can use both cell phones and traditional landlines. If reporting by cell phone, the individual’s location is captured at the time of reporting.

  • Electronic Monitoring (EM) (pilot program available in Greater Toronto Area Region only): The EM program is limited to a portion of individuals, selected based on the level of risk they present, who will be monitored through a GPS and/or Radio Frequency (RF) system. The Agency has partnered with the Correctional Service of Canada (CSC) to deliver the technology.

Enrollment occurs on an ATD occurs after an individual has been deemed suitable for program participation by the CBSA, or after the IRB has ordered the individual released.

Throughout the immigration or enforcement continuum individuals may have their release conditions changed based on their behaviour and overall level of compliance with the conditions of their release.

All decisions made by the IRB may be challenged by the individual, either at a subsequent detention review before the IRB, or through an application for a change of conditions to the IRB. Any decision made by the CBSA or the IRB may be reviewed according to existing legislative frameworks.

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