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COVID-19: Appearance before the Parliamentary Standing Committee on Health ()—Removals and detentions

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Removals

Proposed response

The timely removal of failed claimants plays a critical role in supporting the integrity of Canada's asylum system.

The CBSA has a legal obligation to remove individuals who have no legal right to stay in Canada as soon as possible. The CBSA is firmly committed to doing so.

To respond to health concerns associated with removing individuals to foreign countries, as well as, the health of our own officers, new border restrictions came into force on amid the COVID-19 pandemic.

In addition, I would note that the availability of international flights is diminishing.

As a result, all scheduled removals have been suspended until .

Some exceptions may be considered on a case-by-case basis, particularly:

The Agency will facilitate the removal, as per normal process, by purchasing an airline ticket if the individual is unable to do so themselves.

If pressed on the number of removals

As of , the total number of enforced removals to date in fiscal year 2019 to 2020 is 10,952 individuals.

Background

CBSA removals process

As part of its enforcement of the Immigration and Refugee Protection Act (IRPA), the Canada Border Services Agency (CBSA) has a statutory obligation to remove any foreign national that has been issued a removal order for violating the IRPA. Immigration removal is an integral part of the CBSA's security mandate.

The IRPA specifies that individuals may be inadmissible for any of the following reasons: security; crimes against humanity and war crimes; criminality; organized crime; risk to health of Canadians or excessive demand on health services; misrepresentation; inability to financially support yourself or your dependents; and non-compliance with the IRPA (for example, overstaying the time you are permitted to remain in Canada).

Individuals believed to be inadmissible to Canada have a report written against them. The merits of the report are reviewed at an inadmissibility hearing before the Immigration and Refugee Board (IRB), which is a quasi-judicial independent tribunal. For those who are found inadmissible, a removal order is issued against them. Every foreign national ordered to be removed from Canada is entitled to due process before the law. All removal orders are subject to various levels of appeal. Foreign nationals have the right to file an application for leave and judicial review before the Federal Court, accompanied by a stay motion, throughout the process. Permanent residents subject to a removal order also have a right of appeal to the Immigration Appeal Division of the IRB. Removals cannot be enforced until all pending legal avenues have been exhausted.

The CBSA prioritizes its removals based on a risk management regime:

In the 2018 to 2019 fiscal year, the CBSA removed 9,669 individuals from Canada and, as of , has removed 10,952 individuals in 2019 to 2020. These represent the highest removal numbers in the last 4 years for the Agency.

Removals during COVID-19

As a result, all scheduled removals have been cancelled until . However, some exceptions may be considered on a case-by-case basis, particularly:

Measures at Immigration Holding Centres

Proposed response

All individuals under the care and custody of the CBSA in its Immigration Holding Centres (IHCs) are subject to the same enhanced screening measures as travellers arriving to Canada.

A COVID-19 medical screening form is completed for all new admissions to IHCs.

Detainees who are asymptomatic are placed in self-isolation as per direction from the Public Health Agency of Canada (PHAC). All new intakes are seen by on-site medical staff who then outline other preventative measures to the individual.

If a detainee is symptomatic, on-site medical staff issue instruction on what is required from a medical perspective. This could include transfer to a hospital if required.

While detained in an IHC, detainees have access to medical service facilities, including nursing staff on site 24 hours a day, a doctor and psychologist who provide regular service, and a psychiatrist on call as required.

As of , there are 9 detainees subject to self-isolation at the IHC in Laval, and 4 at the Toronto IHC. (No detainees required to self-isolate at Surrey IHC).

If pressed

A number of measures have been put in place to reduce the risk of COVID-19 being introduced into CBSA IHCs.

IHCs have suspended visits from the public with the exception of counsel, Government of Canada designated representatives and interpreters. Alternative options are available to the detained population to communicate with family and friends.

Furthermore, in conjunction with measures put in place by the Immigration and Refugee Board, detention reviews are being held via telephone or videoconference.

Background

The CBSA is working closely with the Public Health Agency of Canada (PHAC) to prevent the spread of the 2019 Novel Coronavirus (COVID-19). PHAC is responsible for advising the CBSA of any enhanced measures that must be implemented at the border to help prevent the introduction and spread of serious infectious diseases into Canada.

The situation has evolved rapidly and remains fluid. Currently, all international travellers arriving at Canadian ports of entry are subject to enhanced screening measures either through the electronic kiosks (Primary Inspection Kiosks, Automated Border Clearance or NEXUS kiosks), by a Border Services Officer (BSO) directly, or both.

BSOs are permitted, within their roles as screening officers under Quarantine Act, to ask a traveller any relevant question(s) and/or to request that the traveller present them with any information or record in the traveller's possession that would assist the BSO in making a determination on whether a traveller has, or might have, a communicable disease. BSOs are trained to observe and assess for signs of illness. If a traveller presents signs of a communicable disease, the Quarantine Act authorizes BSOs as screening officers to isolate the traveller and refer the individual to a PHAC Quarantine Officer for further assessment.

The above process applies to all individuals entering Canada who are admitted to one of our Immigration Holding Centres (IHCs) as well. In addition to this, all individuals who have an IRPA detention initiated at a POE are being instructed to wear a surgical mask during transport to a detention facility. CBSA has 3 IHCs located in Surrey, British Columbia, Laval, Quebec and Toronto, ON, and relies on provincial correctional facilities in other regions.

Upon arrival at an IHC, a COVID-19 medical screening form is completed for all new admissions, regardless of where detention was initiated (Inland or at a POE). Detainees who meet the PHAC recommendations for self-isolation are being placed in self isolation under the direction of our medical staff. All new intakes are being seen by our medical staff who then outline other preventative measures to the detainee.

In the interest of health and safety of the detained population, employees and the general public IHCs have suspended visits from the public with the exception of counsel, government designated representatives and interpreters until further notice. These specific individuals will be permitted to conduct non-contact visits where available and are expected to exercise safe distancing practices for contact visits. Other options are available to communicate with family and friends such as via telephone.

As always, should a detainee in CBSA care be seriously ill and in need of immediate medical attention, they would be referred to the appropriate local or emergency health authority for medical assessment without delay. This also applies to cases of persons arrested at inland locations within Canada.

In situations where the Immigration and Refugee Board determines the release of a detainee before the 14-day self-isolation period is complete, a Medical team will meet with the individual and provide them with directives for continuing their self-isolation, along with the same handout that is being provided in airports.

The CBSA will continue to engage with PHAC on any cases of suspected exposure to COVID-19. The CBSA is constantly reviewing its processes and procedures as events unfold.

The CBSA has 3 IHCs: one in Quebec, one in British Columbia, and one in Ontario. Immigration detention for inadmissible foreign nationals is a measure of last resort and used only in limited circumstances, such as where there are serious concerns about a danger to the public, where an individual is considered to be a flight risk or where their identity is under question. Officers must always consider alternatives to detention first. In provinces where there are no CBSA IHCs and/or the person presents a higher risk profile or is a public security risk, the CBSA relies on the use of provincial correctional facilities.

Amid COVID-19, scheduled removals have been cancelled until for all but those who want to leave voluntarily, as well as serious inadmissibility cases. The CBSA is continually reviewing the detainee population to determine if suitable alternatives are available. This includes in cases of those detained in provincial facilities.

In fiscal year 2018 to 2019, the number of persons detained increased by 5.1% compared to the previous fiscal year. The increase is largely attributable to the constant surge of Mexican travellers since the visa requirement was lifted in , as well as to the persistent influx of irregular arrivals. Of the 8,781 persons detained in IHCs and provincial facilities in fiscal year 2018 to 2019, 47.2% were Mexican nationals and 6.1% had entered Canada between ports of entry. Consistent with the previous year, the largest proportion of persons detained (47%) were held for 24 hours or less. The proportion of persons detained vis-à-vis the number of entries by foreign nationals also remains consistent, representing 0.2%.

In accordance with the CBSA's National Immigration Detention Framework and the National Directive for the Detention or Housing of Minors, fewer minors were detained or housed with parents or guardians in 2018 to 2019 (118). This represents a 21.9% decrease compared to 2017 to 2018 (151) and a 49.1% drop over the past 5 years. The constant decrease is attributed to the various measures put in place to ensure that the best interest of the child is always a primary consideration when decisions to detain an adult accompanied by a minor are made. As of , there are no minors in detention. The CBSA is actively and continuously seeking alternatives to detention when unconditional release of the parent is inappropriate. In addition, other arrangements for the unaccompanied minors are sought, such as their placement under the care and protection of child welfare authorities or family members.

Assisted departures

Proposed response

The CBSA worked closely with government partners to arrange for arrival of the assisted departure flights and to prepare an isolated area for health screening and passenger processing upon arrival.

A risk assessment of all passengers is conducted prior to departure to ensure no high-risk travellers, from a security perspective, are permitted to board the flight.

In collaboration with other government partners, the CBSA provided on the ground support abroad for all assisted departure flights thus far.

In addition, the CBSA has deployed resources to CFB Trenton to process passengers upon arrival in Canada.

The CBSA worked with PHAC to ensure that required supplies and personal protective equipment such as surgical masks, gloves and eye protection were available and accessible to CBSA staff.

The CBSA took the appropriate measures to ensure the health and safety of those in Canada and its employees.

At all times, and especially right now, the CBSA is dedicated to protecting our borders and the safety of Canadians.

Background

With the rapid spread of the novel Coronavirus first detected in the Chinese city of Wuhan, a whole-of-government coordination effort was required to support the operations to assist Canadian citizens in the surrounding province of Hubei, China return to Canada, along with those on conveyances in which an outbreak of COVID-19 emerged.

To date, the CBSA has supported five (5) Government of Canada assisted departure operations, which led to the repatriation of over 750 Canadian citizens, permanent resident and a few foreign nationals directly linked to a Canadian citizen.

Three of the assisted departures the CBSA participated in were to repatriate travellers from Wuhan. One of these flights was a joint effort with the United States. The other 2 assisted departure operations were to evacuate travellers who were onboard international conveyances, more specifically cruise ships. The first was the Diamond Princess in Japan, and the second was the Grand Princess in the United States.

The CBSA concept of operations was designed to integrate seamlessly with the 3 phases of the Government of Canada Plan and was formulated upon the CBSA continuum of activities that take place prior to arrival in Canada, and upon arrival at the border.

Pre-departure

While the pre-arrival phase is led by GAC, the CBSA International Network and National Targeting Centre supported the operation through targeted screening of travellers with risk of exposure and identity verification. In the five (5) Government of Canada assisted departure flights, the CBSA had a liaison officer on site to support Global Affairs Canada, and to provide on the ground support, including travel document and identity verification.

Arrival

The CBSA led the response with PHAC prior to arrival until CBSA processing is complete. The CBSA worked in lockstep with PHAC to ensure the appropriate health screening measures were in place upon the arrival of the flights.

CBSA officers facilitated the processing on arrival of all travellers on the repatriation flights. The CBSA ensured measures were in place that provide those on the repatriation flight with privacy, and processing in a confidential and empathetic manner.

The CBSA worked with PHAC to ensure that required supplies and personal protective equipment such as surgical masks, gloves and eye protection were available and accessible to CBSA staff. The CBSA took the appropriate measures to ensure the health and safety of those in Canada and its employees.

In the first 4 assisted departure flights (Wuhan x3, Diamond Princess x1), there were no significant medical issues or concerns that arose either during the flight, upon arrival, or during the 14 day quarantine period. However, the fifth assisted departure flight for passengers who were on the Grand Princess, 13 cases of COVID-19 have since been confirmed. One traveller was symptomatic directly upon arrival, and the others emerged throughout their time at CFB Trenton. As of , 3 travellers (2 confirmed cases and 1 close contact) remain in quarantine at Trenton. One positive case was released from quarantine and remains under the care of the local hospital.

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