Canada's Immigration Detention: Concerns Persist After Provinces End Jail Use
Provincial governments in Canada have announced they will no longer hold immigration detainees in provincial jails. However, concerns persist regarding the conditions and duration of detention in federal immigration holding centres.
Historically, many detainees were housed in provincial jails, but now they are held in dedicated immigration holding centres and other facilities. Immigration detention is an administrative measure used by the Canada Border Services Agency (CBSA), with no precise maximum duration. This means individuals can be held for weeks, months, or even years. Detention often exposes individuals to unsafe environments, prolonged uncertainty, and severe psychological harm, with lives lost while in custody. Detainees describe being handcuffed, shackled, isolated, and kept in segregation or solitary confinement, with minimal human contact. Community-based alternatives to detention, such as community supervision and non-custodial measures, have proven effective in other jurisdictions and could reduce harm and uphold human dignity. Canada's detention regime raises serious constitutional and international law concerns, including violations of the Canadian Charter of Rights and Freedoms and various international treaties. Since 2000, multiple people have died in Canadian immigration detention, with a disproportionately high rate compared to the general population. Immigration detention in Canada has long been a source of controversy due to concerns about the treatment of vulnerable people and the conditions under which they are held. The indefinite nature of detention creates a climate of despair, hopelessness, and suicidal ideation, directly flowing from the structure and conditions of detention.
While provincial governments have ended the practice of holding immigration detainees in provincial jails, significant concerns remain regarding the federal immigration holding centres. The indefinite nature of detention, harsh conditions, and lack of community-based alternatives pose serious threats to the well-being and human rights of detainees. Urgent action is needed to address these issues and ensure the humane treatment of immigration detainees in Canada.
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