How detention works
Detention review hearing
You will have regular detention review hearings during your time in detention. Your first detention review hearing with the IRB-ID will be held 48 hours after your arrest or as soon as possible.
At a detention review hearing, a CBSA representative explains why you are being detained and presents evidence. They may argue that you should stay in detention or recommend your release. A Member of the IRB-ID considers your situation and decides if you should stay in detention, or be released with or without conditions.
To make this decision the Member considers:
- Reasons for detention
- Length of detention
- Delays or problems that CBSA or you caused
- Possible Alternatives to Detention
- The best interests of any children under 18 who are involved
- Conditions of detention
In addition to a CBSA representative and a Member of the IRB-ID, other people may attend your hearing, including:
- You and any family members, if they are also detained
- An interpreter, if you need one
- Your legal representative, if you have one
- Witnesses or observers at your hearing, if allowed
Most IRB hearings are virtual. However, a request can be made to have your hearing in-person.
Alternatives to Detention
At a detention review hearing you or your legal representative can suggest an Alternative to Detention (ATD). An ATD is a release plan with conditions that you must follow. Some examples of ATDs include:
- providing CBSA with the address where you will be living
- reporting regularly to CBSA
- following a curfew
- living with a specific person
- avoiding drinking alcohol or taking drugs
The Member will decide if conditions are necessary and what the conditions will be.
If you don’t have anywhere to live outside of detention ask about temporary housing options that might be available to you. There is some temporary housing available for refugee claimants in Canada. You can get information about these shelters from your legal representative, from a settlement or community worker, or sometimes from the CBSA.
If detention continues
If the IRB-ID Member decides to keep you in detention, you will have another detention review hearing within 7 days. After that, you will have detention review hearings every 30 days until you are released.
If the IRB-ID Member decides you must continue to be detained, you will have another hearing within seven days. If you are ordered detained at this second hearing, you will have hearings at least every 30 days from then on.
If you are released
If the IRB-ID Member orders your release, you will be told if there are any conditions to follow. It is very important to understand the conditions. You must follow these conditions until CBSA says you do not have to, or until the IRB-ID or CBSA agree to change them.