National Immigration Detention Standards
Chapter 3.0:  Order

From: Canadian Border Services Agency

In this section

• 3.1. Prevention and management of breaches
• 3.2 Prevention and management of assaults

3.1  Prevention and management of breaches

3.1.1  Purpose and scope

To provide national direction on the prevention and management of breaches of facility rules and Canadian law in Canada Border Services Agency (CBSA) Immigration Holding Centres (IHCs) and other CBSA detention facilities, and on CBSA responsibilities towards persons detained under the Immigration and Refugee Protection Act (IRPA) involved in a breach while held at a non-CBSA facility^{Footnote 1}

3.1.2  Expected results

1. Regional management ensures implementation of this standard
2. Procedures related to this standard are understood and followed by all parties involved in the process
3. All IHCs and detention operations will have local Post Orders and Standard Operating Procedure (POSOPs) consistent with this standard

3.1.3  National standards

1. Aggressive behaviour, discrimination, harassment and intimidation of any person by any person, including detainees, staff (including contracted personnel), and visitors will not be tolerated
2. Misconduct by CBSA employees is subject to disciplinary action under the CBSA Code of Conduct and the CBSA Disciplinary Measures Framework
3. Misconduct by contracted personnel is subject to disciplinary action under the terms of the applicable contract
4. Positive behaviour and compliance with the facility rules are continuously encouraged by all staff in direct contact with detainees
5. Detainee behaviour and interaction with other detainees and staff are observed in efforts to prevent escalation of behaviour into a potential breach
6. Staff engages in dynamic security and develops and maintains appropriate and positive relationships and interactions with detainees
7. The course of action is determined on a case-by-case basis taking into consideration a number of factors, including but not limited to, severity of the breach (minor or major), detainee history, the presence of aggravating factors as well as the presence of mitigating factors
8. Any course of action is proportional, not punitive, and intended to encourage adherence to facility rules and Canadian law, and to ensure the safety and security of the person concerned, other detainees, staff and/or the facility
9. The course of action may include the application of progressive measures for repeated breaches
10. The nature of any course of action taken is left to the discretion of the CBSA officer who exercises judgment and takes reasonable action in relation to the alleged behaviour
11. Any course of action respects the dignified and humane treatment of detainees and never deprives a person of basic needs or rights under Canadian law
12. Any course of action or amendments to a course of action are approved by the IHC management as soon as practicable
13. As appropriate, law enforcement authorities must be notified of breaches or alleged or suspected breaches of Canadian law
14. This standard should be read in conjunction with the following standards: Classification and Placement of Detainees in Detention Facilities; Orientation and Information; Detention Records; Prevention and Management of Assaults; and, Detention in Non-CBSA Facilities.

3.1.4  Definitions

Aggravating factor: Circumstance that may justify increasing the severity of potential courses of action (refer to non-exhaustive list in section 3.1.5 (2) below)

Assaultive behaviour: When a detainee engages in behaviour that is consistent with the definition of assault in the standard on Prevention and Management of Assaults

Breach: An action that is contrary to the facility rules or Canadian law

Course of action: A plan or set of actions used to prevent and/or deal with a situation or breach (refer to non-exhaustive list in section 3.1.5 (2) below)

Dynamic security: Regular and consistent interaction with detainees and timely analysis of information and sharing through observations and communication. Dynamic security is the action that contributes to the development of professional, positive relationships between staff and detainees, and is a key tool to assess a detainee's adjustment and stability

Major breach: An act whereby a person commits, attempts to commit, and/or incites behaviour or acts that are violent, harmful to others or cause an unsafe environment for detainees and other persons

Minor breach: An act whereby a person commits, attempts to commit, and/or incites non-violent behaviour or acts that are disruptive and cause a disorderly living environment for detainees and other persons

Mitigating factor: Circumstance that may justify decreasing the severity of potential courses of action (refer to non-exhaustive list in section 3.1.5 (2) below)

3.1.5  National operational procedures

1)  Responsibilities

a)  All staff (who interact directly with detainees, including contracted personnel)

1. Be accountable at all times for personal actions and perform duties in accordance with the terms of applicable contracts, training and instructions received from management as well as relevant policies (for example, CBSA Code of Conduct) and laws
2. Practice dynamic security by regularly engaging with detainees in a positive and appropriate manner in efforts to get a sense of their adjustment, stability and well-being
3. Motivate detainees to engage in responsible behaviour by treating them fairly and respectfully
4. Consider factors that may affect detainee behaviour and interactions (for example, mental health, vulnerabilities) and, where appropriate, adapt approach
5. Observe behaviours and interactions, and promote good order and compliance with facility rules
6. Record and share observations related to concerns of behaviour and/or interactions with all pertinent staff
7. Immediately report to CBSA management any behaviour of any person, including staff, detainees or visitors, that may have or has jeopardized the safety of staff, detainees or visitors/the public
8. Make every effort to provide a secure environment
9. Ensure that detainees are met with in a timely manner upon request

b)  CBSA

1. Consistent with the standard on Orientation and Information and where Guard Services personnel are not available, ensure detainees are provided with the appropriate Immigration Detention Information Package, including information on facility rules
2. Consistent with the standard on Orientation and Information, engage with detainees at orientation and on a regular basis to, among other things, ensure awareness and understanding of the grounds and continued reasons for their detention and to answer any questions about the immigration process
3. Inform detainees of facility rules, expected behaviours and of the potential courses of action in case of a breach of facility rules or Canadian law, and ensure they understand in case of language barriers
4. Post facility rules throughout the facility as deemed appropriate
5. Take necessary actions to prevent breaches when an escalation of negative behaviours are observed or reported
6. In case of a breach (IHC only):
   1. Notify CBSA regional and national management of major breaches by any person including staff, detainees and visitors, per the Guidelines regarding significant events
   2. Ensure appropriate action is taken for any breaches by any person, consistent with this standard and the standard on Prevention and Management of Assaults, the CBSA Code of Conduct, the CBSA Disciplinary Measures Framework, contracts in place (applicable to contractual staff) and, where a breach of Canadian law is concerned, notify appropriate law enforcement authorities
   3. Communicate with the detainee in a timely manner to discuss the circumstances of the breach and provide the opportunity to respond to any allegation
   4. Take detailed notes of all interactions with the detainee including refusals to meet and/or speak with the CBSA and of actions taken, and document them on the client file, consistent with the standard on Detention Records
   5. Upon request or approval by management, retrieve and review closed-circuit television (CCTV) footage where available and conduct a preliminary investigation to determine appropriate course of action
   6. Determine the course of action commensurate with the severity and the nature of the breach and other considerations (refer to section 2)a)i) below)
   7. Communicate verbally and in writing to the detainee, the identified course of action and ensure expectations related to those actions are understood
   8. Regularly follow-up with the detainee, Medical Services (where applicable) and Guard Services personnel to discuss detainee behaviour and review the necessity for the course of action in effect, and amend accordingly, being sure to document amendments on the client file
   9. Communicate verbally and in writing to Guard Services personnel, any course of action and amendments to the course of action that impact monitoring requirements
   10. Discuss breaches with Medical Services personnel for detainees with suspected or known mental illness, to establish appropriate course of action and follow-up
   11. Undertake continuous risk assessment of detainee behaviours to determine placement in accordance with the standard on Classification and Placement of Detainees in Detention Facilities
   12. Ensure special purpose units are used only in exceptional cases, and for the shortest period of time possible. Refer to the following standards: Special Purpose Units, Classification and Placement of Detainees in Detention Facilities, Admission and Discharge of Detainees, and Contraband
   13. Complete and submit a security incident report (BSF152), noting in detail all actions taken
   14. Maintain a registry of all breaches to track and analyze potential trends and patterns for appropriate course of action
7. In case of a breach (non-CBSA facility only):
   1. Upon notification, liaise with non-CBSA facility authorities to obtain pertinent report(s)
   2. Notify CBSA regional and national management of major breaches per the Guidelines regarding significant events
   3. Meet and/or speak with the detainee as soon as possible to verify their well-being, discuss the circumstances of the breach and mitigating measures
   4. Take detailed notes of all interactions with the detainee including refusals to meet with the CBSA and actions taken and document them on the client file consistent with the standard on Detention Records
   5. Follow-up with the non-CBSA detention facility authorities and the detainee to ensure detainee well-being consistent with the standard on Detention in Non-CBSA Facilities

c)  Guard services

1. In conjunction with the standards on Admission and Discharge of Detainees and Orientation and Information, ensure detainees are provided with the appropriate information package, including facility rules
2. Remind detainees of facility rules, and refer them to the posted facility rules
3. Report breaches immediately to the CBSA
4. Inform Medical Services immediately if a breach has resulted in a physical injury that they can address, otherwise call 9-1-1
5. Complete and submit to the CBSA a Contracted Security Guard Incident and Use of Force Report (BSF383) according to POSOPs
6. Follow and implement CBSA instructions regarding any course of action that impacts monitoring requirements
7. Recommend to the CBSA ways to prevent breaches or to maintain a safe and orderly living environment

d)  Medical services

1. Assess detainees referred by the CBSA or Guard Services, where a breach has resulted in an altercation or incident that requires medical evaluation and/or treatment
2. Report to the CBSA on the well-being and health of individuals involved in and/or affected by a breach
3. Inform the CBSA of possible threats to a detainee's health or to another detainee, staff member or other, to prevent a possible breach
4. Monitor detainees who have been placed in a special purpose unit, upon notification by the CBSA or upon recommendation of the Medical Services personnel themselves

2)  Operational delivery

a)  Course of action in IHCs

1. Considerations
   1. CBSA is the sole authority in determining the appropriate course of action, including application and amendments
   2. Information gathered during consultations with Health Services, Guard Services and CBSA officers, as appropriate
   3. Course of action is determined on a case-by-case basis taking into consideration a number of factors, including but not limited to:
      1. detainee history (that is, a history of self-injurious or suicidal behaviour, current health status, mental state and ability to comprehend direction)
      2. presence of aggravating factors (non-exhaustive list):
         1. severity and nature of the breach (that is, breach endangered others' health and safety - presence of weapons, assaultive behaviour)
         2. behaviour that could result in grievous bodily harm or death
         3. not willing to change behaviour
         4. lack of remorse/recognition of the seriousness of his/her actions
         5. previous warnings
         6. previous breach(es) on file
      3. presence of mitigating factors (non-exhaustive list):
         1. isolated incident/no previous breaches on file
         2. willing to change behaviour
         3. remorse and recognition of the impact of his/her actions
         4. encouragement or provocation by others (detainees, staff)
         5. behaviour previously condoned
         6. conduct influenced by a serious personal issue
   4. In the case of minor breaches, leniency must be considered on a case-by-case basis in efforts to provide detainees the opportunity to improve behaviour (that is, counselling, verbal and written warnings)
2. Examples of breaches of facility rules (non-exhaustive list)
   1. Repeatedly refusing to follow daily routine or disobeying reasonable requests/directions of the CBSA or Guard Services personnel
   2. Undermining the authority of the CBSA or Guard Services personnel by engaging in disrespectful behaviour
   3. Bullying or intimidating
   4. Yelling, making excessive noise
   5. Spitting at someone or something
   6. Using offensive, abusive, indecent, obscene and/or threatening language
   7. Committing an indecent sexual act
   8. Using physical violence and aggressive behaviour
   9. Committing a theft
   10. Creating, organizing or participating in a riot or disturbance that is likely to jeopardize safety and/or security
   11. Attempting to escape from legal custody or assisting another detainee to do so
   12. Possessing or administering medication without approval
   13. Organizing or participating in gambling
   14. Willfully damaging CBSA, detainee or other property
   15. Purposely causing a flood or setting a fire to property
   16. Urinating or defecating in inappropriate places
   17. Possessing or using contraband per the standard on Contraband
3. Potential courses of action (non-exhaustive list)
   1. Warning (written or verbal reminder of facility rules and expectations, action(s) required by the detainee and potential measures for a future breach)
   2. Counselling (referral to a psychologist, psychiatrist, NGO, etc.)
   3. Loss of access to recreational and other activities and items such as reading material, television, games, telephone and visitation (other than access to consular, legal, non-governmental organizations or the Canadian Red Cross Society representatives), exercise room, or participation in other activities
   4. Restriction of items (that is, forks, knives, hot items, personal items)
   5. Transfer to a different room or living unit
   6. Restricted access to certain areas
   7. Assignment of 24/7 supervision
   8. Increased monitoring and observation (for example, locate subject every 15 minutes)
   9. Confinement to a detention cell (maximum of 48 hours)
   10. Transfer to a non-CBSA facility (that is, provincial facility) only where risk cannot be mitigated in an IHC (refer to the standard on Classification and Placement of Detainees in Detention Facilities)

b)  Reporting to law enforcement authorities

1. When a detainee has committed or is alleged or suspected of having committed a breach of Canadian law, the CBSA must inform the appropriate law enforcement authority
2. Where a breach is reported to a law enforcement authority, video recordings, unauthorized items and other items that may be evidence in connection with a violation of Canadian law must be preserved, inventoried, controlled, and stored so as to maintain and document the chain of custody
3. Upon presentation of a warrant for arrest of a person detained under IRPA the evidence must be transmitted to the appropriate law enforcement authority for action and possible seizure and prosecution

3.2  Prevention and management of assaults

3.2.1  Purpose and scope

To provide national direction on the prevention and management of assaults involving detainees in Canada Border Services Agency (CBSA) Immigration Holding Centres (IHCs) and other CBSA detention facilities, and on CBSA responsibilities towards persons detained under the Immigration and Refugee Protection Act (IRPA) involved in an assault while held at a non-CBSA facility

3.2.2  Expected results

1. Regional management ensures implementation of this standard
2. Procedures related to this standard are understood and followed by all parties involved in the process
3. All IHCs and detention operations will have local Post Orders and Standard Operating Procedures (POSOPs) consistent with this standard

3.2.3  National standards

1. Aggressive behaviour, discrimination, harassment, sexual assault and intimidation of detainees, staff and visitors is not tolerated
2. Detainee behavior and interactions are observed in efforts to prevent escalation of behavior into a potential assault
3. Detainees are assured they can report an assault without fear of embarrassment or reprisal from the aggressor
4. Allegations and reports of assault are taken seriously and investigated
5. Any use of force required in response to an assault will be limited to what is necessary and proportionate to manage the incident in accordance with applicable laws and CBSA use of force training on the Incident Management and Intervention Model (IMIM)
6. Victims and alleged victims receive emergency care and appropriate ongoing medical and mental health support
7. Law enforcement authorities are notified, and appropriate action taken, consistent with this standard and the standard on Prevention and Management of Misconduct

3.2.4  Definitions

Assault: (as per subsection 265(1) of the Criminal Code) A person commits an assault when: without the consent of another person, he applies force intentionally to that other person, directly or indirectly; he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose; or while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs. For example, sexual assaults, physical aggression or a threat to commit violence or aggression against another person

3.2.5  National operational procedures

1)  Responsibilities

a)  CBSA

1. Ensure responsibilities outlined in this standard and the standard on Prevention and Management of Misconduct are implemented as they relate to prevention, response and intervention
2. When contemplating a cell extraction, ensure to discuss the plan and intentions of the cell extraction with Medical personnel, when feasible
3. Clearly outline procedures and expectations in relation to assaults and alleged assaults in POSOPs
4. Inform detainees about their rights and the procedures for reporting an assault, and ensure they understand in case of language barriers
5. Provide support and effective safeguards against assaults where possible
6. Take immediate measures to protect and respond when an assault is reported including ensuring the safety of any victim of the alleged assault (for example, placing in a special purpose unit)
7. Notify law enforcement authorities as appropriate
8. Consistent with the standard on Prevention and Management of Misconduct, conduct a risk assessment and determine appropriate course of action
9. Communicate verbally and/or in writing to Guard Services personnel, any course of action required (for example, restrict movement within the IHC), pending the outcome of an investigation
10. Reassign any staff suspected of perpetrating an assault on an individual pending the outcome of an investigation
11. Upon notification of an assault involving a person detained under the IRPA in a non-CBSA facility, follow procedures outlined in the standard on Detention in Non-CBSA Facilities
12. Notify CBSA regional and national management of an assault/alleged assault according to the Guidelines regarding significant events
13. Complete and submit a security incident report (BSF152)
14. CBSA officers will use a risk assessment to determine the necessity of the use of restraints. Use of restraints will be carried out in accordance with the CBSA Policy on Use of Force and Defensive Equipment, the CBSA Directive on Agency Firearms and Defensive Equipment, the CBSA SOPs on Agency Firearms and Defensive Equipment, and the National Immigration Detention Standard - 2.9 Use of Restraints and Use of Force (with respect to the use of restraints)

b)  Guard services

1. Ensure responsibilities outlined in this standard, the standard on Prevention and Management of Misconduct and POSOPs are implemented
2. In conjunction with the standard on Orientation and Information, ensure detainees are provided with the appropriate orientation package, including information on reporting assaults immediately any knowledge, suspicion, or information that may lead to preventing an assault, as well as any neglect or violation of responsibilities which may have contributed to an incident
3. Refer immediately to Medical Services any alleged victim and/or where an injury is critical, call 9-1-1
4. In accordance with de-escalation and use of force training, the Guards will intervene immediately in response to assaults and request additional support from the CBSA and/or police services if needed
5. Report without delay any assault, or allegation or suspicion of assault to the CBSA
6. Follow and implement any instructions received from the CBSA
7. Complete and submit to the CBSA a Contracted Security Guard Incident and Use of Force Report (BSF383) in accordance with POSOPs

c)  Medical services

1. Report any allegations or suspicions of assault to the CBSA for appropriate reporting and intervention
2. Assess, treat and refer (as required) victims or alleged victims of assault ensuring all appropriate medical interventions and care are provided
3. Refer to the Cell Extraction Policy for directive on the use of Medical Services role a cell extraction
4. Report to the CBSA on the well-being and health of victims or alleged victims of assault
5. Monitor the health and well-being of detainees according to the standards on Special Purpose Units and Health Services

2)  Operational delivery

a)  Reporting to law enforcement authorities

1. When a detainee has committed or is alleged or suspected of having committed a breach of Canadian law, the CBSA must inform the appropriate law enforcement authority
2. Where a victim of assault wishes to speak with a law enforcement officer, the CBSA must inform the appropriate law enforcement authority
3. Where a breach is reported to law enforcement, video recordings, unauthorized items and other items that may be evidence in connection with a violation of Canadian law must be preserved, inventoried, controlled, and stored so as to maintain and document the chain of custody
4. The evidence must be transferred to the appropriate law enforcement authority for seizure in the event that a warrant for the arrest of the person detained under the IRPA arises, and possible prosecution is initiated