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Detention and Release
The Canada Border Services Agency (CBSA) is responsible for task of managing, controlling, and securing Canadian borders. CBSA has the power to detain and/or remove any persons who are inadmissible to Canada. This includes all people who do not have the right to enter or remain in this country. CBSA officer has the right to issue an arrest warrant or detention of a permanent resident or foreign national if the officer has reasonable grounds to believe the individual is inadmissible under the Immigration and Refugee Protection Act and falls under any of the following situations:
Can create a danger to the public;
Is unlikely to appear for an examination, an admissibility hearing, a removal from Canada or at a proceeding that could lead to the making of a removal order by the Minister’s Delegate;
Cannot prove their identification to the satisfy of the officer;
Is part of an irregular arrival as designated by the Minister of Public Safety and Emergency preparedness.
is inadmissible – means not allowed to enter or remain in Canada – for security reasons, or for violating human or international rights, or has not established his or her identity to the CBSA’s satisfaction (this only applies to foreign nationals).
DETENTION REVIEW PROCESS
Foreign nationals or permanent residents who have been detained by the Canada Border Services Agency (CBSA) for immigration reasons appear before the Immigration Division (ID) of the Immigration and Refugee Board of Canada (IRB) for detention reviews. The CBSA officer may detain, or hold, a foreign national or permanent resident.
If you are a permanent resident or a foreign national and have been detained by the CBSA for immigration reasons, it is essential to take all appropriate steps to safeguard your legal rights. The first step is to retain counsel to represent you at an independent hearing to review the reasons for your detention. Once you are detained, the CBSA must notify the IRB of your detention. A member of the Immigration Division (ID) of the IRB will act as a decision-maker, and will hold a hearing in accordance with the law which requires the same to take place within 48 hours (or as soon as possible afterwards).
After the hearing before the IRB, the member will inspect the evidence and the submissions of counsel in order to take decision whether you should be released or if you will be remanded to stay in detention. A member of the ID will hear the Review according to the IRB tribunal process. This process is argumentative. There are two opposing parties; you have the right to counsel, and if retained, they will act as your representative. They will be opposed by the Minister’s counsel, a hearings officer with the CBSA who will likely be taking the position that continued detention is essential according to the IRPA.
RELEASE PROCESS
In case the police do not release the person who has been arrested, they must bring him before a justice for a bail hearing within 24 hours or as soon as possible. A bail hearing is a procedure where a judge determines whether a person charged with an offence must be released or held in custody pending trial.
If anyone arrested for a criminal offence, police can release person from the place where the arrest is made or from the police station. Or they may hold the person for a bail hearing later that day or the next. Under certain conditions, there are different options for release without a bail hearing: