In Canada you can be detained under the Immigration and Refugee Protection Act for a number of reasons. You can be detained if you are foreign national or under specific circumstances even if you are a permanent resident of Canada.
Canada Border Services Agency (CBSA) has the jurisdiction to detain a person if they have reasons to believe the person is:
- is a flight risk and will not appear for an immigration proceeding;
- cannot establish their identity (foreign nationals only);
- inadmissible; and/or
- a danger to the public.
Detention can also occur at the Border or in land. Detention can also occur without criminal charges being filed and for an indefinite period of time. If you detained it is critical that you speak with an experienced immigration lawyer and discuss your legal options. Full Name* Enter your full name
If you are detained by CBSA, as a ma er of right, your detention has to be reviewed within 48 hours. If you are not released, then the Immigration Refugee Board must review reasons for continued detention. They have the power to release you, with, or without conditions, and they have the power to deny your release. If you are not released then by ma er of law, your detention must be review within seven days and again every thirty days there a er.
Depending on your circumstances you may also review your detention at one of the provincial Superior Courts. The Superior Courts of Canada have a constitutional inherent jurisdiction to hearing illegal detention of persons as per a habeas corpus application.
Detention reviews at the Immigration Refugee Board and/or habeas corpus applications at the Superior Court are some of the most complex legal proceedings. They should be handled by an experienced immigration lawyer.
At Parush Mann Law we understand being detained can be the most stressful time in a person’s life. Where your liberty is at stake it is important to proceed cautiously and decisively. Make the right call us and talk to us today to learn about your options.
