Canadian Red Cross
CBSA Management Response and Action Plan (MRAP) to the Canadian Red Cross 2017-2018 Annual Report

The CBSA agrees with the recommendation and acknowledges that co-mingling in provincial correctional facilities is a persistent issue, and as such, is taking a two-pronged approach to address it:

1. Reducing reliance on the use of provincial correctional facilities. The following initiatives support this objective:

• Reduce detention (and by extension the use of provincial correctional facilities) through broader use of ATDs such as voice reporting, community case management and electronic monitoring (pilot in the Greater Toronto Area (GTA)).
• Implement (December 2017) and update (Q1 2019-20) the national policy and procedures on detention oversight and governance to ensure detention decisions are sound, well-articulated and include regional accountability.
• Apply to other regions the Quebec model (whereby only the highest risk detainees are held in provincial correctional facilities and the majority are held in the IHC) once the infrastructure replacement and retrofit initiatives in Surrey and the GTA are completed (Spring 2019).
• Develop procedures to facilitate the inter-provincial or inter-city transfer of detainees to an IHC when they are being held in provincial facilities in areas not served by an IHC.

2. Improving treatment and well-being of detainees held in provincial correctional facilities. The following initiatives support this objective:

• Replicate as widely as possible the model established by the Fraser Regional Correctional Centre in British Colombia, whereby a unit in a facility is dedicated to immigration detention.
• Continue to negotiate with the remaining provinces, memoranda of understanding (MOUs) which include provisions to eliminate or minimize co-mingling to the greatest extent possible.

• Begin the transfer of some higher-risk detainees held in provincial correctional facilities to IHCs once construction of the GTA and Surrey facilities is completed.

The CBSA agrees with this recommendation and recognizes that persons detained in provincial correctional facilities do not consistently receive printed information and when they do, depending on facility rules, they may not be permitted to keep possession of the printed material.

For persons detained in IHCs, the CBSA provides, to all individuals who are arrested and detained, an orientation kit with the publication Information for People Detained Under the Immigration and Refugee Protection Act (BSF5012 - available in 16 languages) which includes information about their rights and obligations and reasons for detention, as well as other information that may be helpful while in detention (i.e., meal and visiting hours, emergency and safety procedures, etc). Detainees are permitted to keep this orientation kit in their possession throughout their stay.

For persons detained in provincial correctional facilities, the CBSA generally provides the publication (BSF5012) to individuals upon arrest and detention; however, depending on the circumstances of arrest, arresting officers may not have immediate access to the publication or may not have a copy in the desired language, or if they do, facility rules may prevent the individual from keeping the information in their possession while in detention. In this respect, the CBSA will seek to set a 48-hour service standard around first contact with a CBSA Officer to:

• ensure the detainee received the publication Information for People Detained Under the Immigration and Refugee Protection Act;
• ensure they understand why they are being held and their legal rights while in detention;
• answer or, where appropriate, relay to provincial correctional facility management, any questions or concerns the detainee may have about the facility, including how to access medical care, legal representation, phones, family visits, available programs and services, facility rules and disciplinary processes.

The CBSA Detention Liaison Officer (DLO) is a dedicated resource available to immigration detainees held in provincial correctional facilities. The role of the Detention Liaison Officer (DLO) is to meet with detainees to assess their well-being and to answer any questions or concerns that they may have with regard to their particular case and act as a liaison between the CBSA and correctional facility management.

The CBSA will take additional actions to ensure consistency in detainee access to printed information.

• Share the web links to the publication Information for People Detained Under the Immigration and Refugee Protection Act with all provincial correctional facilities used for immigration detention and emphasize the importance of detainees maintaining or gaining access upon request to this information throughout their detention.

The CBSA agrees with the recommendation.

For persons detained in IHCs, a CBSA IEO will normally within 48 hours meet with a newly admitted detainee to:

• ensure the detainee received the orientation kit (including the printed material and publication Information for People Detained Under the Immigration and Refugee Protection Act);
• ensure they understand why they are being held and their legal rights while in detention;
• provide orientation (with the use of an interpreter as required) on the facility, including how to access medical care, legal representation, phones, family visits, available programs and services, facility rules and disciplinary processes; and,
• answer any questions or concerns.

For persons detained in a provincial correctional facility, orientation is guided by the facility and provincial procedures and standards. Upon admission, provincial facilities make every effort to communicate with the detainee in a way that facilitates an understanding of the rules and processes including using an interpreter as needed.

In efforts to consolidate orientation received by the provincial correctional facility, the CBSA will seek to set a 48-hour service standard around first contact with a CBSA Officer to:

• ensure the detainee received the publication Information for People Detained Under the Immigration and Refugee Protection Act;
• ensure they understand why they are being held and their legal rights while in detention;
• answer or, where appropriate, relay to provincial correctional facility management, any questions or concerns the detainee may have about the facility, including how to access medical care, legal representation, phones, family visits, available programs and services, facility rules and disciplinary processes.

• Review and assess whether additional information is required in the detainee publication and regional orientation package and update as required.

The CBSA accepts the recommendation.

The Agency is in discussion with the legal community to provide the CBSA with a counsel contact list that may be provided to detainees upon admission to a facility. In assessing amendments to the detainee publication and orientation kit, the CBSA will review how contact lists are made available to detainees so that appropriate referrals to counsel or accredited consultants may be made.

• Share contact list provided by the legal community with detainees.

The CBSA agrees with the recommendation.

Under the National Immigration Detention Framework (NIDF), funding was provided through the Interim Federal Health Program (IFHP) to expand and standardize access to health services for immigration detainees held in an IHC. Currently the Laval (since October 2018) and GTA IHCs (since April 2016) provide 24/7 access to a nurse on-site, as well as access to a physician, psychologist and psychiatrist as required. Should detainees held in the IHC in Vancouver International Airport (maximum stay of 48 hours) require medical care, they are taken to a local health care facility (hospital or clinic). Once the Surrey IHC is operational in Spring 2019, all IHCs will provide standardized health services: 24/7 access to a nurse on-site, and access to a physician, psychologist and psychiatrist as required seven day a week.

Detainees held in a provincial correctional facility will continue to receive basic health care coverage under provincial health care plans, through dedicated medical staff at the facility.

Further, in 2019, the CBSA will be hiring a Medical Officer whose primary responsibility will be to support the administration of an immigration detention medical program within the CBSA, which will help ensure equitable access to health care for all detainees, regardless of their place of detention.

The CBSA will continue to explore mechanisms to better support detainees and those released on an alternative to detention with acute medical and mental health needs, with partners in the community, provinces and other government departments.

• Finalize expansion and improve medical services at all IHCs.

The CBSA agrees with the recommendation.

Access to recreational activities are currently offered at the IHCs in the Greater Toronto Area and in Laval and will be offered at the Surrey IHC once the new facility opens in Spring 2019. IHCs offer educational services to minors if their stay is longer than seven days. The Agency is also revising its National Detention Standards, including one that outlines and establishes practices for recreational activities.

Access to recreational and educational programs in provincial correctional facilities are guided by the operating procedures of individual institutions and their governing legislation. Aligned with provisions in most provincial agreements, immigration detainees held in a provincial facility may participate in recreational activities and educational programs where applicable (e.g. immigration detainees may not qualify for some educational programs).

• Provide access to expanded recreational programming including a resource centre, fitness room and a space for worship in the GTA and Surrey IHCs.

The CBSA agrees with the recommendation as it pertains to access to contact family and friends.

Detainees held in IHCs have unlimited access to telephones in their individual units for local calls, and where long distance calls are required, calling cards are made available or can be arranged by onsite CBSA staff.

Detainees held in a provincial correctional facility may make free local calls and for long distance calls, may purchase a calling card. If a detainee has no source of funds the CBSA will provide long distance calling cards free of charge, where feasible. Recognizing challenges with making calls in general (i.e., when a detainee does not know how to place a call) and calls to international mobile numbers, a DLO or other CBSA officer may assist the detainee in placing these calls. In some facilities, Chaplain Services also assist detainees with making calls. The CBSA continues to include provisions for access to telephone services in its MOUs with provincial correctional authorities and to explore options to improve the availability of telephone services for immigration detainees.

• Include DLO contact numbers in the orientation package so that detainees may request help with placing calls to family and friends.

The CBSA agrees with the recommendation.

The Agency is revising its National Detention Standards, including one that establishes visitation practices such as visitation hours, frequency and contact visits. Once infrastructure replacement and retrofit initiatives are completed, detainees held in any IHC will have access to barrier-free contact visits with family, friends and other parties. Detainees held in IHCs have unlimited access to telephones in their individual units for local calls, and where long distance calls are required, calling cards are made available or can be arranged by onsite CBSA staff.

For immigration detainees held within a provincial correctional facility, visiting hours and procedures are guided by the facility’s operating practices. The CBSA continues to discuss National Detention Standards with provincial authorities to ensure that detainees have adequate access to programs and services.

In line with objectives of the NIDF, the CBSA is implementing video conferencing for immigration hearings, and will explore the use of this technology as a means to facilitate contact with family or other parties outside of the facility for all immigration detainees, regardless of placement.

• Determine feasibility of the use of videoconferencing (used for immigration hearings) as a means to enable family contact.

The CBSA agrees with the recommendation.

All CBSA officers working with immigration detainees are trained to address the vulnerabilities, needs and sensitivities of individuals in the immigration continuum. Training currently includes courses on: trafficking in persons; first aid/CPR; diversity and race relations; mental health awareness; prevention of suicide and self-harm among detainees; mental health first aid; violence prevention in the workplace; alternatives to detention and role of the community liaison officer including options for individuals with addiction, health and mental health issues or who have been victims of trauma or torture; road to mental readiness (tailored from Mental Health Commission of Canada, Department of National Defence); and on the national risk assessment for detention, and detainee medical needs (non-exhaustive list).

The CBSA is also developing training specific to the immigration detention environment including specialized mental health training on de-escalation of situations involving detainees with mental health issues (tailored from the Centre for Addiction and Mental Health) and exploring other function-specific training.

Discussions with internal and other external stakeholders are ongoing to identify possible curricula to respond to more specific training for staff dealing with individuals with mental health or those who have been victims of trauma or torture.

• Identify and launch supplementary training required for IEOs working in a CBSA IHC.

The CBSA agrees with the recommendation.

The CBSA will explore opportunities to enhance awareness and understanding of immigration detention amongst correctional authorities in Canada, and seek to provide information sessions to correctional facility staff regarding administrative (immigration) detention. CBSA will explore co-facilitation with other organizations such as the UNHCR and Canadian Red Cross.

The CBSA will ensure that DLOs are equipped to provide information to provincial correctional facility staff, as required, to enhance their understanding of the CBSA’s processes and obligations related to immigration detention.

• Prepare a presentation for DLOs and/or regional management to deliver awareness sessions to provincial correctional facility staff regarding the immigration detention program.