Canada Border Services Agency Management Response and Action Plan to the Canadian Red Cross 2021-2022 and 2022-2023 Annual Reports

Management response

Since 2016, the CBSA has reduced the detention population in half and has increased the number of people enrolled in alternatives to detention. Last year, the number of immigration detainees in PCFs was the lowest it has ever been (outside of the pandemic), going from 2,043 detainees in 2016-2017 to 931 detainees in 2022-2023, a decrease of over 54%. In addition, the CBSA has also reduced the average number of days spent in a PCF from 220 in 2016-2017, to 94 in 2022-2023.

The CBSA actively reviews the detention population in all facility types on established schedules to ensure that detention numbers remain at a minimum in order to support lower rates of occupancy, and that all options for release are continually explored. The CBSA prioritizes the use of its three immigration holding centres (Laval, Quebec; Toronto, Ontario; and Surrey, British Columbia) to reduce the use of non-CBSA facilities and, accordingly, co-mingling.

The CBSA had previously managed high-risk individuals through the use of PCFs. However, since 2023, the vast majority of provinces in Canada have concluded their agreements to house immigration detainees within their facilities. Immigration detention has been deemed a federal responsibility and the CBSA is taking every necessary step to ensure it can house higher-risk individuals in its own facilities, but time is needed to make this transition happen.

The IHC in British Columbia is presently being retrofitted with two high risk rooms, while the facilities in Laval and Toronto will undergo more significant upgrades during the fall/winter of fiscal year 24-25.

The CBSA is providing training and tools to CBSA officers working in the IHCs to safely manage high-risk detainees. In addition to new policies and procedures, a new form called the Detention Placement Tool allows for an assessment of risk that will determine the placement of a detainee in the appropriate area of an IHC. The existing NRAD will also be modified to reflect the release of this new Detention Placement Tool form.

These measures will increase the CBSA’s capacity to accommodate all levels of risk in its own facilities, supporting the transition away from the use of PCFs; thus ending the co-mingling of immigration detainees and criminal inmates.

The CBSA ensures its detentions are held to the highest possible standards with regard to the physical health, mental health and the overall well-being of detainees. In 2021, the CBSA implemented enhanced NIDS that guide the administration of CBSA IHCs and, in conjunction with non-CBSA facility procedures, guides the treatment of immigration detainees in non-IHC facilities therefore, addressing the CRCs recommendation 1.6. These standards establish the expected practices and provide national consistency in the administration of the detention program in both CBSA and non-CBSA facilities. The CBSA ensures that the NIDS are maintained, reviewed, updated and continues to share and encourage their use in non-CBSA facilities. This includes the implementation of a Quality Assurance Program that has an established structure and reoccurring quality assurance exercises.

National Immigration Detention Standard on Special Purpose Units

The use of medical isolation units and/or special purpose units is reserved only for circumstances that necessitate the isolation of an individual who is deemed by Medical Services staff to have medical or mental health issues that require observation (to avoid instances of self-harm). However, measures are implemented to avoid isolation to the greatest extent possible and to meet the physical, emotional and spiritual needs of persons held in special purpose units, while ensuring the health, safety and security of the detainee, other detainees, and the staff at IHCs.

National Immigration Detention Standard on the Use of Force and Use of Restraints

The NIDS on the use of restraints requires that the application of restraints be carried out following a risk assessment and in a manner that is consistent with CBSA training, as a best practice for officer and detainee safety. In addition, the NIDS on Contract Management outlines the commitment between the CBSA and contracted guard services regarding oversight and management. This NIDS ensures that the CBSA has oversight of all contracted services within the IHCs, including the NIDS on the use of restraints and the use of force, by introducing a key performance indicator for compliance that holds guard services accountable, using a financial incentive or a liquidated damage based on the evaluation result.

The CBSA’s Use of Force training products and policies are also respected at all times through strict reporting mechanisms.

National Immigration Detention Standard on Leisure and Recreation

The NIDS ensure consistent access to religious, leisure, cultural and educational activities across Canada; addressing the CRCs recommendation in 1.7.

Action plan

The CBSA has implemented a Detention Placement Tool in June 2024.

Anticipated completion: Completed. No further action required.

The Agency continues to carefully review all of its detention cases on a routine basis to assess the appropriateness of ATDs and to determine if those held in a PCF can be transferred to an IHC.

Anticipated completion: Completed. No further action required.

The CBSA ensures implementation of and adherence to the NIDS including, but not limited to Contract Management, through structured reoccurring quality assurance exercises.

Anticipated completion: Completed. No further action required.

The CBSA continues to monitor the compliance of its contracted guard services through oversight and reoccurring contract performance audits.

Anticipated completion: Completed. No further action required.

The CBSA provides its PCF partners copies of the NIDS for their awareness and use. The CBSA actively communicates with its PCF partners to reinforce the need to treat CBSA detainees in line with the NIDS.

Anticipated completion: Completed. No further action required.

The CBSA is renovating its IHCs to accommodate higher-risk detainees. The new spaces will continue to provide leisure, cultural and recreational activities to all risk levels.

Anticipated completion: Completed. No further action required.

The CBSA has developed tools and training for officers to safely manage a higher-risk population.

Anticipated completion: Completed. No further action required.

The CBSA continues to collaborate with the CRC to address recommendations made during the IDMP on a quarterly basis and as part of the National Annual Report.

Anticipated completion: Completed. No further action required.

Management response

The CBSA has produced an Immigration Detention Information Package that provides details on immigration detention. This package is available in 22 languages and is shared with detainees in both IHCs and PCFs. In the event that a detainee is unable to comprehend either of Canada’s official languages, it is the policy of the CBSA that officers use an accredited interpreter as needed (please see the NIDS on Orientation and Information).

With regards to interpretation services at detention reviews, the IRB provides interpreters during proceedings. With regards to data on the format and the results of hearings using different formats (in-person, virtual), these statistics are not collected by the CBSA. The IRB is responsible for scheduling hearings and deciding the format in which the parties will participate. The CBSA remains committed to engaging in hearings in the format directed by the IRB and that all applicable rules, procedures and guidelines are followed to ensure that clients can meaningfully participate in the hearings process.

Transfers between IHCs or between non-CBSA facilities can be carried out on the request of the detainee, however, approval is based on considerations of behaviour, risk, and availability of space at specific IHCs.

Detainees may wear civilian clothing to detention reviews and are free of restraints in front of a judicial authority if the clothing in question aligns with the safety and security risk assessment carried out by the CBSA. Restraints may be applied on a case-by-case basis. A risk assessment is conducted in order to ensure the safety of detainee, other detainees, CBSA officers, and the general public.

The CBSA has implemented policies to allow for in-person visits at all IHCs, which is the default platform for visits, however, dependent on public health guidelines. The NIDS 5.6, “Visitation”, provides clear directive on the visitation protocols. In-person contact visits are made available, unless there is a health, safety or security concern. When an in-person contact visit cannot be conducted for the reasons listed above, a non-contact visit or a virtual visit may be arranged.

The CBSA has implemented a NIDS to allow for videoconferencing as a means to enable contact with family/friends and IHCs have procured the necessary devices, with appropriate firewalls and security measures, for use by detainees. However, it has been determined that the use of applications that allow text messages and images is not viable due to the required sharing of devices and the privacy risks posed by allowing text messages and images. In addition, IHCs have developed plans to allow for free long distance calling and detainees do have access to their personal cellphones, when required, for the purposes of retrieving contact information.

Action plan

The CBSA will explore the development of a video to share information on orientation to immigration enforcement in a multitude of languages.

Anticipated completion: Q4 2024-2025

The CBSA policy on contact with consular authorities, legal representation, family, and friends is already optimized.

Anticipated completion: Completed. No further action required.

The option to have in-person visits is already available at all CBSA IHCs.

Anticipated completion: Completed. No further action required.

The CBSA continues to , update and draft additional NIDS that will be shared with PCF partners, for their awareness and use. The CBSA actively communicates with provincial governments in order to maintain insight into operations of PCFs and to reinforce the need to treat CBSA detainees in line with the NIDS.

Anticipated completion: Completed. No further action required.

The CBSA continues to monitor the compliance of its contracted guard services through oversight and reoccurring contract performance audits

Anticipated completion: Completed. No further action required.

The CBSA ensures the implementation of and adherence to the NIDS including, but not limited to Contract Management, through structured reoccurring quality assurance exercises.

Anticipated completion: Completed. No further action required.

The CBSA continues to collaborate with the CRC to address recommendations made during the IDMP on a quarterly basis and as part of the National Annual Report.

Anticipated completion: Completed. No further action required.

Management response

Alternatives to detention

The CBSA would like to stress that detention is considered as a measure of last resort, and the CBSA continuously assesses the appropriateness and availability of alternatives to detention for all persons, including vulnerable persons (including minors and/or those with specialized needs). Detention of a vulnerable person, however, is not precluded where the individual poses a level of risk that can only be managed by detention. Careful risk assessment is carried out on every client to balance the clients’ needs with the level of risk they pose. Each IHC offers expanded services through dedicated professional medical staff (i.e., doctor, nurse, psychiatrist and psychologist), available to provide health services on-site seven days a week.

The CBSA has contracted three service providers across Canada who have expertise in alternatives to detention to deliver Community Case Management and Supervision (CCMS). These organizations include the Salvation Army, the John Howard Society of Canada, and the Toronto Bail Program. In fiscal year 2023-2024, the CCMS program expanded its bed space capacity by 27% and added two block funded beds and one per diem bed for women/families in the Pacific Region. The CBSA continuously reviews its contracts to keep up with demand as well as address the specialized needs of its clients.

In 2018, the CBSA introduced the National Electronic Monitoring Program within the alternatives to detention framework as a means to support the release of individuals who may require this type of 24/7 monitoring to mitigate risk. Electronic Monitoring (EM) technology is effective in facilitating the release of higher risk individuals, monitoring geographic and curfew conditions, assisting in locating individuals, thus reducing the CBSA’s reliance on PCFs.

In addition to the above developments in the areas of CCMS and EM, the CBSA is increasing specialized services for higher risk individuals by exploring enhanced services with an expanded set of community-based partners.

Minors

The ongoing expansion of the alternatives to detention program will result in a reduction of children and families being detained. However, in the rare case of detention/housing, CBSA IHCs have a dedicated family wing that supports the needs of parents residing with their children. These separate living and sleeping quarters are not co-mingled with the rest of detention population. Their spaces are colourful and have natural light with access to services such as laundry facilities and small kitchenettes as well as items such as cribs, booster seats, diapers, formula and other items as needed.

In November 2017, a Ministerial Direction was issued to the CBSA to, as much as humanly possible, keep children out of detention and keep families together. The Ministerial Direction makes it clear that the best interests of the child must be given primary consideration when a detention decision is made. To further support the Ministerial Direction, in June 2019, amendments were introduced that enshrine the principles of Best Interest of the Child in the Immigration and Refugee Protection Regulations, providing a mandatory set of considerations for officers who are faced with a detention decision where a minor child is involved (i.e., detention of the parent with accompanying child). The best interest of the child is always a primary consideration and the CBSA, including its contracted service providers, are committed to finding short-term alternatives in order for family units to not only feel supported, but remain unified outside of detention.

The CBSA continues to reduce the number of minors in detention and to not separate minors from their family members (parents or legal guardians), unless it is in the best interest of the child. Where this is not possible, and accompanying family members are detained under the IRPA at an IHC, the (non-detained) minor may remain with their parents/legal guardian, at the parent’s/legal guardian’s request and consent, if this is determined to be in the child’s best interests. For example, a minor may be housed with their family members because of their level of dependency, including their physical, mental and emotional needs. The CBSA has also experienced cases where a community case worker has recommended that a minor remain with their family members, regardless of their anticipated length of detention.

In 2023-2024, only 13 accompanied minors were housed in IHCs, compared to 103 in 2018-2019 (after the introduction in 2017 of the Directive). Comparatively, in 2018-2019, the average number of days an accompanied minor spent in an IHC was 21; however, in 2023-2024 the average length dropped to 13 days.

Mental health and suicide prevention

All CBSA officers who have significant interaction with CBSA clients receive training on providing mental health support as well as suicide prevention.

Detention Liaison Officers

CBSA Detention Liaison Officers (DLOs) currently provide regular and consistent visits to immigration detainees in PCFs on a regular basis in order to provide guidance and support, beginning with a mandatory meeting between the DLO and the detainee within 72 hours of detention.

Interim Federal Health Program

The CBSA is responsible for providing persons detained under the IRPA with reasonable care for the preservation of life and health. Access to the IFHP falls within the purview and management of Immigration, Refugees, and Citizenship Canada (IRCC). All individuals in detention are eligible for coverage under the IFHP, regardless of their place of detention. To complement the efforts of IRCC, the Agency has implemented contracts that expand access to health and mental health services with external service providers to provide access to on-site health services within the three IHCs. Every Agency IHC offers expanded medical and mental health services through dedicated professional medical staff (i.e., doctor, nurse, psychiatrist and psychologist), available to provide medical and mental health services on-site seven days a week. Within 48 hours of a detainee’s admittance to an IHC, an initial medical and mental health screening is conducted by a medical professional to identify any health concerns. The CBSA continues to develop its medical services framework and are anticipating to expand its medical and mental supports within IHCs to include a Nurse Practitioner, Social Worker and Personal Support Worker.

Action plan

The CBSA has defined the requirements to procure specialized services (i.e., social worker, addictions counsellor, etc.) in order to serve clientele with a wide array of needs.

Anticipated completion: Completed. No further action required.

The CBSA has dedicated more alternatives to detention space to women, families and 2SLGBTQI+ community members and is explore opportunities, in other regions, according to identified vulnerabilities.

Anticipated completion: Completed. No further action required.

The Detention Liaison Officers consistently engages with detainees housed in PCFs to offer services and to ensure NIDS are upheld.

Anticipated completion: Completed. No further action required.

The CBSA has initiated the procurement of non-denominational chaplaincy services in its IHCs to support detainee mental health.

Anticipated completion: Completed. No further action required.

The Agency has examined how it can increase its bed space by 20-25%.

Anticipated completion: Completed. No further action required.

The CBSA has explored adding specialized services (e.g., mental health and addiction counselling) to expand its existing and diverse service offerings in Agency IHCs.

Anticipated completion: Completed. No further action required.

The CBSA continues to collaborate with the CRC to address recommendations made during the IDMP on a quarterly basis and as part of the National Annual Report.

Anticipated completion: Completed. No further action required.

Management response

It is the policy of the CBSA to consider alternatives to detention prior to making a decision to detain. Detention is always undertaken for the shortest term possible and conducted in a way to protect the safety and security of Canada, while also ensuring a high level of care of the detainee in accordance with international best practices. The Agency carries out detention without resorting to the use of cells in as many cases as possible, detaining individuals in very limited numbers and within CBSA IHCs where cells are not used, and detainees live in a dormitory-style arrangement with the ability to move within the facility as much as possible, being mindful of safety and security.

A short-term detention room or cell is not considered a detention facility because it was not designed for long detentions and few services are available to detainees (Source: ENF 20 – available publicly at https://www.canada.ca/content/dam/ircc/migration/ircc/english/resources/manuals/enf/enf20a-en.pdf (PDF, 1 816 KB)).

Short-term facilities are designed in a manner that provides optimal care for CBSA detainees and are aligned with operational requirements to ensure CBSA officer safety. Should an immigration case necessitate a longer-term detention (i.e., longer than 24 consecutive hours), the detainee will be transported to a more appropriate longer-term facility, with the features described; therefore addressing CRCs recommendations 4.3/4.4. The CBSA’s NIDS dictate the conditions under which an individual is detained, regardless of the length or place of detention. For example, the NIDS on the Classification and Placement of Detainees stipulates that detainees placed in detention cells require access to four hours outside of their cell per day and two hours of meaningful human contact per day. In addition the NIDS on Food Services, Health Services, and Religious Accommodation details that the provision of adequate food and beverages, giving consideration to religious beliefs and dietary restrictions.

Action plan

The NIDS outlining the provisions of meals and beverages has been optimized.

Anticipated completion: Completed. No further action required.

The Agency has implemented policy and updated the NIDS with regards to the use of restraints and to ensure short-term detention.

Anticipated completion: Completed. No further action required.

The CBSA will initiate a review of Inland Office cells to determine if mattresses are required.

Anticipated completion: Q4 2024-2025

The CBSA continues to collaborate with the CRC to address recommendations made during the IDMP on a quarterly basis and as part of the National Annual Report.

Anticipated completion: Completed. No further action required.

The CBSA continues to monitor the compliance of its contracted guard services through oversight and reoccurring contract performance audits.

Anticipated completion: Completed. No further action required.

The CBSA ensures implementation of and adherence to the NIDS including, but not limited to Contract Management, through structured reoccurring quality assurance exercises. Completed. No further action required.

Anticipated completion: Completed. No further action required.