CAT/C/CAN/CO/7
Immigration detention
34.
The Committee notes with concern that the State party continues to use mandatory
detention for non-citizens designated “irregular arrivals”, and that the time limit for such
detention is not defined by law. Also of concern is the absence of an effective mechanism
to review the lawfulness of the detention, the inadequate medical and mental health-care
services in federal immigration detention facilities, and the reliance on provincial
correctional centres. Furthermore, while the existing directives provide that minors are not
to be detained except in exceptional circumstances, the information before the Committee
indicates that during the period under review children continued to be placed in
immigration detention, in many cases as “guests” with their parents or adult siblings.
According to reports before the Committee, these children, who are not officially detained,
have no independent right of review of their detention. The Committee notes the detention
monitoring services provided by the Canadian Red Cross, through a two-year contract
signed with the Canada Border Services Agency on 27 July 2017, although it remains
concerned at the lack of an independent mechanism for oversight of the Agency. It also
notes the measures adopted by the State party to reduce the number of individuals held in
detention for immigration-related reasons, especially the new non-custodial measures
introduced through the Agency’s expanded programme on alternatives to detention, such as
the use of community case management and supervision services, voice reporting and
electronic monitoring (art. 11).
35.
The State party should:
(a)
Review its legislation with a view to repealing provisions in the
Immigration and Refugee Protection Act requiring the mandatory detention of any
non-citizens designated “irregular arrivals”;
(b)
Refrain from detaining irregular migrants and asylum seekers for
prolonged periods, use detention as a measure of last resort only and for as short a
period as possible, and continue the application of non-custodial measures;
(c)
Establish a reasonable time limit on the duration of administrative
immigration detention;
(d)
Guarantee judicial review or other meaningful and effective avenues to
challenge the legality of administrative immigration detention, including of all
children detained or “housed” in the detention facilities of the Canada Borders
Services Agency;
(e)
Ensure that children and families with children are not detained solely
because of their immigration status;
(f)
Strengthen its efforts to ensure adequate living conditions in all
immigration centres;
(g)
Ensure that irregular migrants and asylum seekers held in detention are
provided with adequate medical and mental health care, including routine
assessments;
(h)
End the practice of detaining irregular migrants and asylum seekers in
provincial correctional centres;
(i)
Establish an effective and independent oversight mechanism of the
Canada Borders Services Agency to which individuals held in immigration detention
can bring complaints.
Redress
36.
The Committee regrets not having received sufficient information on the redress and
compensation measures ordered by the courts and other State bodies and actually provided
to the victims of torture and ill-treatment, including excessive use of force, or their families
since the consideration of the previous periodic report (art. 14).
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