A Critical Analysis of Immigration Detention Practices in Canada

This essay critically analyzes Canada's immigration detention practices, highlighting concerns raised by human rights advocates regarding the indefinite detention of immigrants and its potential violation of human rights. It discusses the need for independent monitoring and UN review of Canada's human rights record concerning immigration detainees. While acknowledging government efforts to improve the system, the essay points out persistent issues such as the lack of limits on detention duration and the detention of vulnerable populations. It also addresses the transfer of detainees to provincial jails for mental health care, which critics argue is inadequate. The essay concludes that Canada's immigration detention practices continue to face significant criticism despite some improvements.

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Criticism of Canada's immigrant detention practices
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Even if Canada is a global leader when it comes to welcoming refugees and immigrants, it has
been argued by the critics that the immigration system of Canada severely violates the human
rights in case of the migrants. In this regard the practice of indefinite detention of the immigrants
is the main target of this criticism recently (Hernández, 2013). According to these experts, the
treatment of migrants by Canada needs to be criticized and there is a need for UN review of the
human rights record of Canada. Every four years, the UN Human Rights Council reviews the
domestic human rights conditions and record of Canada.
Regarding this issue, the human rights advocate of Canada have been pushing for a review by an
independent body to see how the immigrant detainees are handled by the Canada Border
Services Agency (CBSA). According to these persons, it is necessary that Canada introduces
changes in this detention system and these changes need to be introduced quickly (Larsen and
Piché, 2009). While Canada enjoys a very high reputation regarding the human rights standards,
the country still fails to match the required standards related with the treatment of vulnerable
people. For example during the previous year, the Government of Canada made efforts to deal
with some of the issues that were present in the immigration system. However, according to the
advocates of human rights, there are still a lot of issues present as a result of which the human
rights laws are still being violated (Leerkes, 2010). An example in this regard can be given of the
fact that Canada still has not impose any limit on the duration of immigration detention.
Moreover, there are several detainees belonging to vulnerable populations like children and the
persons who are suffering from mental illness.
In 2016, an announcement was made by the government of Canada according to which funds of
$138 million were going to be used for the purpose of improving the alternatives to immigration
detention and rebuilding the facilities. The improvements that have been made to the system so

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far include a decrease in number of immigration detainees since 2015; restoring health care
coverage for the refugees; and in the introduction of additional funding for the improvement of
mental and medical health services for these detainees (Gryll, 2011).
In view of these circumstances, there is a need for independent monitoring. The detention review
hearings typically take place every month but generally the decisions are made in favor of
continued detention. The earlier hearings tend to influence the present decisions and it is not
necessary that they have been scrutinized due to which securing their release becomes more
difficult for the detainees (Fairclough, 2013).
On the other hand, it has been claimed by the CBSA that the immigration detainees have been
transferred from immigration detention centers to the provincial jails so that the detainees can
receive better mental health care. However, according to the human rights advocates the
detainees generally do not receive the help required by them.
In view of these circumstances, the immigration detention practices of Canada have faced
extensive criticism.

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References
Fairclough, N. (2013). Critical discourse analysis and critical policy studies.Critical Policy
Studies, 7(2), 177–197
Gryll, S. (2011). Immigration Detention Reform: No Band-Aid Desired. Emory Law Journal,
60(5), 1211
Hernández, D. (2013). Detained in Obscurity: The U.S. Immigrant Detention Regime. NACLA
Report on the Americas, 46(3), 58.
Larsen, M., & Piché, J. (2009). Exceptional State, Pragmatic Bureaucracy, and Indefinite
Detention: The Case of the Kingston Immigration Holding Centre. Canadian Journal of Law
and Society, 24(2), 203–229
Leerkes, A. (2010). A Case of Mixed Motives?: Formal and Informal Functions of
Administrative Immigration Detention. The British Journal of Criminology, 50(5), 830–850