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International Law

: Canadian Immigration Blawg

Detention Review

By immlawyer

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Preventive detention should be exceptional means of restraint in a society such as ours. In certain circumstances, foreign nationals can be placed in preventive detention if there are grounds to be believe that they are a danger to the public, or unlikely to appear for a further examination. Individuals held in immigration detention are usually placed in the Calgary Remand Center.


I was at Harry Hays earlier today to secure the release of my client, who was the subject of a valid removal order. In his case, removal could not have been effected in the foreseeable future, and alternatives to detention existed (such as the posting of a cash bond, and weekly reporting conditions).

The release was secured with some difficulty however. This has not been my typical experience, and anecdotal information suggests that the enforcement activity of the CBSA has increased in recent weeks. The anecdotal information included one Immigration Division Member commenting that these last 2 weeks have been the busiest in his 25 plus career. 

Detention reviews are interesting affairs, and take place with minimum notice and the Calgary practice entails the CBSA Hearings officer reading in 'evidence'. There are no rules of evidence as understood by the criminal courts, which is disconcerting. 

Full post as published by Canadian Immigration Blawg on December 12, 2008 (boomark / email).

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