What happens when someone is detained by immigration authorities in Canada?

Immigration detention in Canada is carried out by CBSA under federal authority. A person can be detained at a port of entry or within Canada if an officer has grounds to believe they are a flight risk, a danger to the public, or if their identity cannot be established. Detention is governed by federal law — IRPA — not by Ontario's provincial criminal justice system.

When a person is detained on immigration grounds, they are entitled to have their detention reviewed by the Immigration Division (ID) of the IRB. The first review must occur within 48 hours, with subsequent reviews at prescribed intervals if the person remains detained. The ID is an independent federal tribunal and can order release with or without conditions, including a bond (financial deposit by a bondsperson).

The person detained has the right to a lawyer. Legal Aid Ontario provides services for immigration detention matters in Ontario, meaning that people who cannot afford a private lawyer may be eligible for legal representation. The detention review process is adversarial — CBSA argues for continued detention and the detained person or their lawyer argues for release. The quality of legal representation and the ability to propose a viable release plan (such as a reliable bondsperson and suitable address) significantly affects outcomes.