E/CN.4/2006/7/Add.2 page 11 offence” (murder, attempted murder, manslaughter and aggravated sexual assault), the burden lies on the young person to show why an adult offence should not be imposed, otherwise the Crown will have to show why an adult sentence should be imposed. Youth sentences are generally non-custodial. 6. Administrative detention under immigration law (a) Detention of migrants and asylum-seekers 34. Until December 2003 the federal Department of Citizenship and Immigration, which has the general competence for migration and asylum matters, was also responsible for immigration detention (which includes the detention of asylum-seekers). Since then this responsibility has been assigned to the Canada Border Services Agency (CBSA), an agency created in 2002 within the Department of Public Safety and Emergency Preparedness. The decision to order immigration detention accordingly now lies with CBSA officers. Such decisions are subject to review by a member of the Immigration Division of the Immigration and Refugee Board, an independent administrative tribunal. Members of the Immigration and Refugee Board are civil servants appointed by the Government for a term not exceeding seven years, subject to removal at any time for just cause. They are eligible for reappointment upon expiry of their term. 35. The legal framework for the administrative detention of aliens by the CBSA is outlined in sections 55 to 61 of the Immigration and Refugee Protection Act (IRPA) and sections 244 to 250 of the Immigration and Refugee Protection Regulations (IRPR). This legal framework applies to permanent residents, migrants and persons applying for refugee status in Canada, i.e. the IRPA does not distinguish between refugees and asylum-seekers who have entered illegally or overstayed their permit and other illegal aliens for the purposes of ordering detention. According to the information gathered by the Working Group, in practice detention depends on the availability of identity documents and, often, on whether or not the individuals have presented themselves voluntarily to make a refugee claim or if the claim is made after they have been apprehended by the authorities. 36. Under section 55, an officer may detain a foreign national (including a permanent resident) who the officer has “reasonable grounds to believe is inadmissible” and is either (a) a danger to the public, or (b) unlikely to appear for examination, an admissibility hearing or removal from Canada. A third ground for detention is that “the officer is not satisfied of the identity of the foreign national in the course of any procedure” under IRPA. 37. Within 48 hours after an alien is taken into custody, or without delay thereafter, the detainee must be brought before the Immigration Division for a review of the reasons for continued detention (sect. 57). If detention is confirmed at that stage, it must be reviewed again within 7 days, and thereafter at least once during each 30-day period. There is no limit in the IRPA to the overall length of detention. As detention engages Charter rights, however, the jurisprudence has established that immigration detention without a reasonable prospect of removal violates the right to liberty. 38. The Immigration Division shall order release, unless “it is satisfied” that the detained alien is either (a) a danger to the public, (b) unlikely to appear for the next hearing or removal, (c) “the Minister is taking necessary steps to inquire into a reasonable suspicion” that the person