Quarterly detention and alternatives to detention statistics: Fourth quarter, fiscal year 2022 to 2023

Canada Border Services Agency (CBSA)'s statistical publication provides information on detentions.

General detentions

Grounds for detention

The CBSA detains individual when there are no suitable alternatives to detention, and where there is a nexus to an immigration process. These grounds for detention may apply to a permanent resident or foreign national who may be inadmissible to Canada. Refer to Section 55 of the Immigration and Refugee Protection Act (IRPA).

• Examination (If an officer considers it is necessary to get more information from an individual to complete the examination, that individual could be detained to allow the officer to do so. An examination can be as simple as a few questions, but can also include an examination of the person's personal belongings, more intensive questioning, or personal searches.)
• Suspected of serious criminality, criminality or organized criminality
• Suspected inadmissibility on grounds of security
• Suspected inadmissibility on grounds of human/international rights violation
• Identity (If an officer is unable to verify an individual's identity, that person may be detained.)
• Danger to the public (Factors considered when detaining someone as a danger to the public are outlined in section 246 of the Immigration and Refugee Protection Regulations (IRPR). Factors may include, but are not limited to, past criminality and criminal associations.)
• Unlikely to appear (A person may be detained if an officer believes the person is unlikely to appear for examination, an admissibility hearing, removal from Canada or at a proceeding that could lead to the making of a removal order.)

Notes

A fiscal-year begins on April 1 and ends on March 31. Quarters are broken down as follows: First quarter (Q1): April 1 to June 30; Second quarter (Q2) July 1 to September 30; Third quarter (Q3) October 1 to December 31; Fourth quarter (Q4) January 1 to March 31.

Detention days are the number of cumulative days spent in detention for all detainees over the reporting period under the provisions of the Immigration and Refugee Protection Act.

Median length of detention represents the middle value (or the average of two middle values) in days when the numbers are listed in numerical order from smallest to largest.

"Detention in another facility" includes other law enforcement agencies (that is, Royal Canadian Mounted Police detachments, local and provincial police cells), CBSA ports of entry and inland enforcement cells. Note that ports of entry and inland enforcement cells as well as other law enforcement agencies' cells are only used for very short periods of time.

More information

• National Immigration Detention Framework outlines the CBSA's approach to making the Canadian immigration detention system better and fairer.
• Arrests, detentions and removals describes where people are detained, information about the detention review process, and more.
• Immigration and Refugee Protection Act and Regulations contain additional information including the legislative grounds for detention.

Detention, housing, or separation of minors

Definitions

Best interests of the child:

An international principle to ensure children enjoy the full and effective benefit of all their rights recognized in Canadian law and the Convention on the Rights of the Child. It is also a rule of procedure that includes an assessment of the possible impact (positive or negative) of a decision on the child or children concerned.

Minor:

A person under the age of 18.

Accompanied minor:

A foreign national or permanent resident who arrives to Canada accompanied by a responsible adult (parent, guardian).

Detained minor:

A foreign national or permanent resident who is deemed to be inadmissible and is subject to an Order for Detention under A55 of the Immigration and Refugee Protection Act (IRPA).

Housed minor:

A foreign national, permanent resident or Canadian citizen who, after the completion of a best interest of the child assessment, is kept with their detained parent/legal guardian at an immigration holding centre at the latter's request. A housed minor is not subject to an Order for Detention and is free to remain and re-enter the CBSA immigration holding centre subject to the parent/legal guardian's consent.

Unaccompanied minor:

A foreign national or permanent resident who arrives to Canada unaccompanied by a responsible adult (parent, guardian) and is not effectively taken into the care of such a person.

Separated minor:

All events where a minor is separated from an accompanying parent(s) / legal guardian(s), and are:

• placed with a family member in the community (other than a parent or legal guardian);
• placed under the care of a child welfare agency; or
• placed under the care of a non-governmental organization, etc.

Alternative to Detention

Definitions

Community supervision

A program that allows individuals to live in the community and be supported by family, or by a third party service provider that specializes in community service. Community supervision consists of three programs:

1. Release on a deposit or guarantee to a bondsperson.
2. Release on reporting conditions.
3. Release on a Community Case Management & Supervision program.

Deposit:

the person is only released from detention once funds are deposited.

Guarantee:

the bondsperson will need to pay the money that is promised if the person in detention does not respect the conditions of their release.

Conditions:

the CBSA and/or the Immigration, Refugees and Citizenship Canada will put in place conditions when a person is released, based on their risk level. See section 4.1 of Enforcement Manual 34: Alternatives to Detention for more information.

Community case management and supervision:

for people who need support and a bondsperson to lower their level of risk when released into the community. The CBSA has contracts with the John Howard Society of Canada, the Toronto Bail Program and the Salvation Army.

Electronic supervision

Electronic supervision provides more options for a person to communicate with the CBSA. It also allows the CBSA to better identify and investigate those who fail to comply.

Voice reporting:

uses biometric voiceprint technology to monitor and confirm that people are following their reporting conditions. Unlike in-person reporting, voice reporting allows people to use cell phones or landlines to report.

Electronic monitoring:

a limited number of people are chosen based on the level of risk they present and are monitored through a GPS and/or Radio Frequency system. The CBSA has partnered with Correctional Service Canada to deliver this technology. Electronic monitoring is meant to be used with community supervision.

* This option is currently in a pilot phase and is only available in the Greater Toronto, Quebec, and Prairie regions.

Active alternative to detention participants

Active alternative to detention participants are the number of people who are on an active alternative to detention program at some point during the selected period. This number of active participants can include:

• A person whose alternative to detention program began before the selected period and/or ended during (or after) the reporting period.
• A person enrolled before the official launch of the expanded alternative to detention program on June 22, 2018, but who remains an active participant to the program during the selected period.
• A person who avoided detention and was placed in an alternative to detention program.

Counting the number of participants

The number of active alternative to detention participants at a specific time is not the same as the number of new enrollments. A person can be active in more than one alternative to detention program. This can create times where the person is counted once for each program they were active in. For this reason, it is not possible to add up the number of participants for each program to get the total number of individuals on an alternative to detention program.

A person will be added to the alternative to detention totals in every quarter where they are enrolled in an alternative to detention program. For this reason, the quarters cannot be added together for the total number of active alternative to detention participants in the year to date.