cover image: Rights Violations Associated with Canada’s Treatment of Vulnerable Persons in Immigration Detention /

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Rights Violations Associated with Canada’s Treatment of Vulnerable Persons in Immigration Detention /

4 Oct 2017

Canada’s treatment of children in the context of immigration detention also violates the Convention on the Rights of the Child. [...] CBSA has embarked on several new programs to improve transparency, alternatives to detention, and detention infrastructure.4 CBSA has also engaged in a review of national detention policies and standards.5 b. Since 2013, the number of instances of detention has decreased from a total of 8,739 in fiscal year 2012-13, to 6,251 in 2016-17.6 The average length of detention during this period has range [...] Many of the legal safeguards present in the criminal justice system, including evidentiary standards and procedures required to justify deprivation of liberty, as well as the conditions of confinement, are absent in the immigration detention context. [...] Once detained, there are no established criteria in law to determine the site of confinement – the decision to transfer detainees from IHCs to provincial jails is entirely within the jurisdiction of CBSA.27 Research indicates that detainees’ counsel are not notified of transfer decisions or the reasons for transfers, and detainees do not have the right or a meaningful opportunity to challenge this [...] While CBSA makes the initial decision to detain, the decision to continue detention is under the jurisdiction of the Immigration Division of the Immigration and Refugee Board.30 Detention review hearings are held within 48 hours of detention, 7 days of detention, and every 30 days thereafter until release.31 While the detention review process is meant to mitigate the risk of indefinite detention,
health government politics children isolation psychology children's rights canada child custody ethics family immigration medicine child custody society convention on the rights of the child best interests child protective services canada border services agency child protection services best interests of the child immigration detention detention (imprisonment) handcuffed
Pages
288
Published in
Toronto, ON, CA

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