Detention Reviews

Grounds for detention

Within Canada, a CBSA officer may issue a warrant for the arrest and detention of a permanent resident or a foreign national,

(1) who the officer has reasonable grounds to believe is inadmissible and:

(2) is a danger to the public; or

(3) is unlikely to appear for examination, for an admissibility hearing, for removal from Canada or at a proceeding that could lead to the making of a removal order by the Minister.

Within Canada, a CBSA officer may, without a warrant, arrest and detain a foreign national, other than a protected person,

(1) who the officer has reasonable grounds to believe is inadmissible; and

(2) is a danger to the public; or

(3) is unlikely to appear for examination, an admissibility hearing, removal from Canada, or at a proceeding that could lead to the making of a removal order by the Minister under subsection A44(2); or

(4) the officer is not satisfied as to the identity of the foreign national in the course of any procedure under IRPA.

On entry into Canada, an officer may detain a permanent resident or a foreign national where:

(1) the officer considers it necessary to do so in order for the examination to be completed; or

(2) the officer has reasonable grounds to suspect that the permanent resident or foreign national is inadmissible on grounds of security, violating human or international rights, serious criminality, criminality or organized criminality.

Detention Review

A detention review is a proceeding that takes place before a member of the Immigration Division during which the circumstances of detention are examined to determine:

(1) whether the detention is lawful; and if it is

(2) whether detention be continued.

The frequency of detention reviews for permanent residents and foreign nationals is as follows:

(1) the reasons for continued detention must be reviewed within 48 hours after the permanent resident or foreign national was detained.

(2) the reasons for continued detention must be reviewed at least once during the 7 days following the initial review;

(3) the reasons for continued detention must be reviewed at least once during each 30-day period following each previous review.