Detention Monitoring Guidelines

Date / Period
2010
Place
Ottawa
Object Type
Books, Guides and Manuals
Credit
Canadian Red Cross
Topics
Refugee and Migration

Immigration detention in Canada occurs when the Canadian government, through the Canada Border Services Agency (CBSA), places a foreign national or permanent resident in detention if they have grounds to believe that: it is a necessary step to complete the person’s examination;  they are  a flight risk and will not appear at their immigration proceedings; they are unable to prove their identity to the authorities’ satisfaction; they may pose a risk to the public; or they are inadmissible to Canada on the basis of criminality.

The Canadian Red Cross provides independent monitoring of detention facilities where immigration detainees are held in order to promote a protective environment in which detainees are treated humanely and where their human rights and their inherent dignity are respected. This includes visiting federal immigration holding facilities and/or some provincial correctional facilities in Quebec, Ontario, Alberta, British Columbia and Manitoba.

The Canadian Red Cross became involved in detention monitoring activities in 1999, following a request from the Canadian government to assess the conditions of Chinese asylum seekers who were detained on the West coast. Soon after this request, the program evolved to include the monitoring of immigration detention facilities across Canada.

The Red Cross carries out independent monitoring by visiting detention centres it has access to at least four times a year. During visits to detention centres, the Red Cross will use Canadian and international standards to assess: the treatment of detainees (by staff or other detainees); the conditions of detention; the ability for detainees to contact and maintain contact with family members; and detainees’ legal safeguards.

"The Red Cross carries out independent monitoring by visiting detention centres it has access to at least four times a year."

Teams of trained and dedicated volunteers and staff, with a background in public health, social sciences or law, conduct visits to detention facilities. Visits follow a standard procedure that includes:  an initial discussion with the detaining authority; a tour of the facility; private talks with detainees, individually or as a group; a concluding discussion with the detaining authority to discuss observations and recommendations.

Through these visits and regular meetings at the local, provincial and national levels, the goal of the Red Cross is to encourage authorities to improve detention conditions and to promote the rights of those held in their care.

In August 2010, a large group of refugee claimants from Sri Lanka arrived in British Columbia by ship (aboard the MV Sun Sea) and were placed in immigration detention. The Red Cross conducted monitoring visits to ensure their conditions, treatment, legal safeguards and ability to contact family members was in accordance with national and international standards. The Red Cross also provided its Restoring Family Links services  to assist the Sri Lankan arrivals reconnect with their  families.

In order to ensure the continued trust and protection of the individuals in detention, the Canadian Red Cross raises issues and any concerns about detention conditions directly with the detaining authorities and does not publicly disclose its findings.

Detention Monitoring Guidelines

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