Most refugee claimants live freely in Canada for their entire refugee claim process. Only a small number are arrested and detained (held in custody).
If the Canada Border Services Agency (CBSA) detains you, they will tell you why. Most refugee claimants who are detained are released later.
Why CBSA may detain you
It is important to know the reasons why you could be detained. These reasons include:
Flight risk
CBSA may have concerns that you will not show up for your removal or an immigration proceeding, especially if you have a history of not following immigration laws (in Canada or another country).
Identity
CBSA may have questions about who you say you are. This can happen if you do not have documents to prove your identity. It can also happen if CBSA believes you have false documents or does not believe the information you provided about yourself or how you traveled to Canada.
CBSA will ask you for evidence to prove your identity. Sometimes they look at your social media, visa applications, or information from other countries.
Danger to the public
CBSA may believe you are dangerous to people in Canada.
Security
CBSA may think that you shouldn’t be allowed to stay in Canada for security reasons or because of criminal behaviour. They can detain you while they try to get more information. If they find evidence supporting their concerns, they may ask the IRB-ID to decide if you are allowed to be in Canada.
When you can be detained
You can be detained at a legal border crossing, at an unofficial border crossing, at an airport, a seaport, or within Canada.
In most cases, detention happens at the start of the refugee claim process. You can also be detained when you are already in Canada or at an interview with immigration officials.
Where you can be held
If a CBSA officer arrests you, you may be held in a CBSA Immigration Holding Centre. These are located in:
- Toronto, Ontario
- Laval, Quebec (close to Montreal)
- Surrey, British Columbia (close to Vancouver)
You may be detained in a jail if there is no Immigration Holding Centre where you live, or if CBSA believes that you are a danger to others or to yourself.
Where you are detained depends on whether there is an Immigration Holding Centre in your region with available space, and the level of risk CBSA thinks you pose. A Detention Liaison Officer or an Inland Enforcement Officer can tell you who to contact if you are concerned about conditions.
Release with conditions
If you are detained, CBSA may release you if you agree to follow certain conditions.
For example, if they think you are a flight risk, you can agree to:
- report to CBSA regularly,
- live at a certain place, or
- get a cash deposit or guarantee from another person (such as a family member).
How long you can be detained
How long you are detained depends on why you are there. For example, the IRB-ID may release you if you follow certain conditions or if there are children under 18 involved.
If you are detained, you will have detention review hearings at set times to see if you can be released. The first detention review hearing is held after 48 hours. If you are not released, you will have another hearing within 7 days. If you continue to be detained, you will have hearings at least every 30 days from then on.
Sometimes you may need to give an Alternative to Detention (ATD) to be released. An example of an ATD might be to stay with a friend who can supervise you and help you follow your conditions of release.
There is currently no time limit on how long you can be detained in Canada.