Are criminals treated better than immigration detainees in Canada?

Are criminals treated better than immigration detainees in Canada?

I wanted to share a thought provoking article which interviewed immigration lawyer Subodh Bharati, who stated that immigration detainees in Canada are “not treated like people.”

Similar to Bharati, I have heard countless heartbreaking stories as a former immigration and refugee lawyer.

Bharati stated “It’s painful, you know? There’s so much energy to get this person out and they get out. And then there’s another person and ... another person. At some point it just wears on
you.”

Many people do not realize that if people are not Canadian, they can be sent to jail and forgotten. Immigration detainees actually have less rights than an accused criminal in Canada.

In 2020, the Federal Court of Appeal ruled that the lack of a time limit for immigration detention was
constitutional. This decision left many immigration lawyers and human rights
advocates outraged.

However, the Court did outline requisite conditions for detention to remain legal. For example, the possibility of removal must be realistic and grounded in evidence. If not, then the person
must be released from detention. In other words, detention is only constitutional if IRCC can show a connection between detention and an immigration purpose, such as deportation. Unfortunately, this means that the Charter impacts of detention will be determined on a case by case basis.

Human rights advocates in Canada are urging the federal government to adopt a time limit for immigration detention and end the use of provincial jails for the purpose of immigration detention
arguing that there should be strict separation between criminals and those who
violate the Immigration Act.

For many human rights organizations in Canada, such as Amnesty International, Human Rights Watch and Solidarity Across Borders, the ultimate goal is ending immigration detention. Advocates argue that Canada’s regime of indefinite detention falls far behind international norms on immigration detention.

Bharati goes on to explain that unlike Canada, several western countries have set legal time limits for
immigration detention. For example, in the 27 countries of the European Union, detention must not exceed six months, according to a 2008 European Parliament directive. However, the same directive provides for an extension of up to 12 months in some circumstances. In some countries, immigration detention is not
even part of the approach. For instance, since 2004, Argentina legally recognized the right to migrate.

As a daughter of a man who was detained for immigration reasons, I understand the profound impact detention has on young children. How do we rectify the wrongs of indefinite immigration
detention in Canada? What are your thoughts to move Canada in line with
international human rights norms and the Charter? Send me a personal message to
discuss here.

Click here to learn more about Katrina Sriranpong and her work.