Canada’s immigration detention system disproportionately impacts individuals from African and Caribbean countries, according to a newly released study. The comprehensive analysis, compiled by researchers at the University of British Columbia and Toronto-based legal professionals, reveals significant disparities in detention rates and lengths of stay based on country of origin, raising concerns about systemic bias within the system.
Whereas the average time spent in immigration detention in Canada was two weeks in 2019, the study found that 68 percent of those detained for 270 days or longer were from African countries or the Caribbean. This disparity exists despite the fact that Canada is one of the few Western nations without statutory limits on how long individuals can be held in immigration detention. The findings come as immigration enforcement intensifies in both Canada and the United States, prompting renewed scrutiny of detention practices.
The report, based on data from the Canada Border Services Agency (CBSA) and interviews with 50 detainees, their legal representatives, and service providers, underscores a troubling pattern. Researchers found that “racialized people, and Black men in particular, bear the brunt of the system’s harshest conditions and encounter systemic barriers to fair treatment and timely release.” The study highlights a critical gap in data collection: Canada tracks immigration detention by country of origin but does not record race, making it difficult to directly assess and address racial discrimination.
Experiences of Racism Within the System
Interviews conducted for the study revealed firsthand accounts of racism experienced by detainees within the immigration detention system. Lawyers reported that their clients were overwhelmingly Black, and some described instances of clients being subjected to racist language by prison guards or facing heightened scrutiny during bond proceedings if they were Black. Prasanna Balasundaram, a co-author of the report and director of legal clinic Downtown Legal Services at the University of Toronto, explained, “For virtually every sort of individual that we interviewed … there was a consensus that race and racism played a factor in the way in which the system operated.”
Data obtained by Amnesty International and Human Rights Watch through freedom-of-information requests further supports these findings. In 2019, the majority of detainees held for a month or longer were from African and Caribbean countries. While overall numbers of people held in immigration detention and the length of their detention have generally decreased in recent years, nearly 60,000 people – including hundreds of children – have been placed in immigration detention over the past decade, according to the study’s analysis of CBSA data.
Detention Criteria and Concerns About Credibility
The CBSA has the authority to detain non-citizens, including permanent residents and foreign nationals, if they are deemed inadmissible to Canada. Reasons for detention include concerns about public safety or flight risk. However, the study reveals that fewer than 10 percent of immigration detainees over the past decade were arrested due to public safety concerns or serious criminality. A similar proportion were held due to questions about their identity or the need for further immigration examination.
The vast majority – around 80 percent – were detained because border agents deemed them unlikely to appear at future immigration proceedings. Nana Yanful, a Toronto-based lawyer and report author, noted that these determinations often rely on credibility assessments, where “bias can creep in.” Efrat Arbel, an associate professor at the University of British Columbia Allard School of Law, pointed out that Canada has established alternatives to detention for individuals suspected of immigration violations, questioning why individuals without public safety risks are subjected to prolonged detention. “If there is no threat to public safety, why are people being deprived of liberty in these onerous conditions of confinement for indeterminate amounts of time?” she asked.
The report suggests that systemic discrimination outside the immigration system may contribute to higher detention rates for Black and racialized non-citizens, citing examples like disproportionate traffic stops. The CBSA is currently the only major law-enforcement agency in Canada lacking independent civilian oversight, a situation that is prompting concern, particularly as the federal government has indicated plans to increase immigration enforcement. A bill to establish such oversight was passed in 2024, but the body has not yet been established.
Recommendations for Reform
The study’s authors recommend a national, independent review of the immigration detention system, along with the public release of disaggregated data on race. They also advocate for expanding alternatives to detention programs and ultimately moving towards a gradual abolition of detention as a tool of immigration enforcement. Challenges to detention-review decisions are often difficult, and access to legal representation can be limited due to varying levels of legal aid funding across provinces, according to Prof. Arbel.
The findings of this study underscore the urgent need for greater transparency and accountability within Canada’s immigration detention system. As the government moves forward with plans to strengthen immigration enforcement, addressing these systemic issues will be crucial to ensuring fair and equitable treatment for all individuals navigating the immigration process.
Disclaimer: This article provides information about a recent study on immigration detention practices and should not be considered legal or medical advice. If you are seeking legal assistance, please consult with a qualified immigration lawyer.
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