Detention Reviews in Canada

Advocate effectively for detained immigrants at the Immigration and Refugee Board of Canada

Every year in Canada, thousands of immigrants are detained in holding centres and jails, and the numbers continue to grow year over year. Immigrants can be arrested without warrant and held indefinitely without charge, but all detainees are entitled to regular detention reviews. If you work with immigrant detainees, you need to know how to present an effective case at detention review hearings to secure their release.

This one-stop resource presents a comprehensive overview of the detention review process administered by the Immigration Division, a branch of the Immigration and Refugee Board (IRB) of Canada. More than just a summary of the law that governs detention reviews, this guide outlines practical steps that can help you to secure a detainee’s release.

Through an in-depth case study, immigration lawyer Raj Napal examines every stage of the detention review process, from drafting a suitable retainer agreement to presenting a case and questioning witnesses in front of an IRB tribunal. Drawing on more than 20 years of experience advocating for immigrants at the IRB, Raj covers everything you need to know to prepare for a detention review and maximize your chance of securing your client’s release. Anyone working in immigration law—including lawyers, paralegals and immigration consultants—needs this book.

This practical handbook covers:

• Essential grounds for detention, the legislation, the case law and the procedural protocol of the Immigration Division.
• Tactics to present your case effectively before the board.
• Creating effective release plans for detainees.
• Dealing with detained children.
• Recent developments and precedents that affect detention reviews, including the 2017 Laird Report and the 2019 amended Chairperson’s Guideline on Detention.

Table of Contents

Preface
Acknowledgements
Introduction
1. Summary of the Law and Procedure on Arrest and Detention
2. Case Study of Alfred Blake: The Initial Interview
3. First Stage Preparation
4. The 48-Hour Detention Review Transcript
5. Extract from the Interview of Alfred Blake at the Holding Centre
6. The Importance of the Bondsperson(s)
7. Advocacy in the Immigration Division
8. Sample Oral Submissions at the Detention Review Hearing of Alfred Blake
9. It All Comes Together: The 7-Day Detention Review Transcript
10. Danger Ground for Detention
11. Identity Ground for Detention
12. Detention of Children
13. Release
14. Appeals
15. The Impecunious Detainee without a Bondsperson or Residence
16. Recent Developments
17. The Amended Chairperson’s Guidelines
Appendix A Immigration and Refugee Protection Act, sections 54–61
Appendix B Immigration and Refugee Protection Regulations, sections 244–250
Appendix C Immigration Division Rules
Appendix D Chairperson’s Guidelines on Detention
Appendix E Chairperson’s Guidelines on Vulnerable Persons
Appendix F Precedents and Templates
Appendix G Important Resources on Detention
About the Author