Dear Mr Brown:

My cousin, who came to visit me in Toronto, was held in detention on suspicion of smuggling drugs. They did not find any drugs on him, but they still held him in detention. How can they hold him without making an arrest?

— CG

Dear CG:

Dear CG:

I extend my sympathies to your cousin. However, I do not know the circumstances or grounds regarding the detention, or how long he or she had been detained, or what the situation is after the detention to provide advice. I can explain some general principles regarding the issue of detainment. Although most people understand the concept of arrest, I receive many queries about detainment.

Detention without warrant on entry into Canada

Detention without warrant on entry into Canada

The law provides officers with the discretionary authority or power to arrest and detain individuals pursuant to the objectives of Canadian immigration laws, which include the protection of the health and safety of Canadians and to maintain the security of Canadian society.

Please note that a permanent resident or a foreign national may, on entry into Canada, be detained if an officer:

Please note that a permanent resident or a foreign national may, on entry into Canada, be detained if an officer:

• Considers it necessary to do so in order for an examination to be completed; or

• Has reasonable grounds to suspect that the permanent resident or foreign national is inadmissible on grounds of security or for violating human or international rights.

The principles which guide detention include:

• Detained individuals should be treated with dignity and respect;

• Detained individuals should be detained in an environment that is safe and secure;

• Detention should be conducted in a transparent manner, while respecting the privacy of the detained person;

• Detained individuals should be informed of their legal rights, given an opportunity to exercise their rights, and informed of the status of their case;

• Detained individuals should have access to providing feedback; and• There should be reasonable efforts to meet the physical, emotional and spiritual needs of detained individuals in a way that is culturally appropriate.Recent protestsThere were recent protests in the province of Manitoba at the legislative building about indefinite immigrant detention in Canada. The protesters were standing in solidarity with 50 immigration detainees at two Ontario prisons who went on a hunger strike to protest Canada’s policy.The position of the protesters is that the dark side of the policy is that people can be locked up in maximum security prisons, held alongside convicted criminals with no charge, and no guarantee they will be released in a timely manner. They wished to meet with the Minister of Public Safety and Emergency Preparedness Ralph Goodale. Those on the hunger strike also demanded a limit on the length of time they can be held in detention.Right to a detention reviewIndividuals cannot be held indefinitely per se. Reviews of a detention decision will be done. If, upon internal review, the initial detention decision is upheld, then the Immigration and Refugee Board will review the reasons for continuing with the detention within 48 hours following the start of the detention, or as soon as possible thereafter. If detention is maintained by the member, the detainee must be brought before the Immigration Division at least once in the seven-day period following the first review, then at least every 30 days following the preceding review.Please visitAntonn Brown, BA, (Hons), LLB, MSc, RCIC, is an immigration counsel and an accredited Canadian education agent of

• Detained individuals should have access to providing feedback; and

• There should be reasonable efforts to meet the physical, emotional and spiritual needs of detained individuals in a way that is culturally appropriate.

Recent protests

There were recent protests in the province of Manitoba at the legislative building about indefinite immigrant detention in Canada. The protesters were standing in solidarity with 50 immigration detainees at two Ontario prisons who went on a hunger strike to protest Canada’s policy.

The position of the protesters is that the dark side of the policy is that people can be locked up in maximum security prisons, held alongside convicted criminals with no charge, and no guarantee they will be released in a timely manner. They wished to meet with the Minister of Public Safety and Emergency Preparedness Ralph Goodale. Those on the hunger strike also demanded a limit on the length of time they can be held in detention.

Right to a detention review

Individuals cannot be held indefinitely per se. Reviews of a detention decision will be done. If, upon internal review, the initial detention decision is upheld, then the Immigration and Refugee Board will review the reasons for continuing with the detention within 48 hours following the start of the detention, or as soon as possible thereafter. If detention is maintained by the member, the detainee must be brought before the Immigration Division at least once in the seven-day period following the first review, then at least every 30 days following the preceding review.

Please visit

jamaica2canada.com for additional information on Canadian Permanent Residence programmes, including Express Entry, the Study and Work programme, visitor’s visas or appeals, etc.

Antonn Brown, BA, (Hons), LLB, MSc, RCIC, is an immigration counsel and an accredited Canadian education agent of

JAMAICA2CANADA.COM— a Canadian immigration & education firm in Kingston. Send questions/comments tojamaica2canada@gmail.com.