COVID-19 Measures at Immigration Holding Centres
Date: April 27, 2020
Classification: Unclassified
Branch/Agency: IEB/CBSA
Proposed Response:
- The health and well-being of CBSA staff, contracted workers in Immigration Holding Centers, detainees, and the general public remains paramount.
- We are actively working with the Public Health Agency of Canada, as well as contracted medical personnel, to create and implement measures to limit and mitigate the potential spread of COVID-19 within our facilities and ensure that detention is carried out in a manner that is safe and secure for all.
- Immigration detention has always been a measure of last resort, used only in limited circumstances, and only after alternatives to detention are first considered.
- The CBSA continues to review its detention population to ensure that detention volumes remain at a minimum and to ensure all options for release are explored for all cases where the individuals risk can be managed in the community.
- By leveraging Alternatives to Detention and by working with the Immigration and Refugee Board, the detention population has significantly declined from 353 persons on March 17, 2020 to 141 persons on April 23, 2020.
- The three Immigration Holding Centres have a combined total of almost 400 beds. Of the 141 individuals in the detention population, there are 20% are in Immigration Holding Centres (none of which are minors), 78% in a provincial facility and 2% in other facilities.
- The decision to release an individual from detention is done on a case by case basis; detention will be continued for those persons who pose a greater risk to public safety.
If pressed:
- If a detainee is symptomatic, on-site medical staff issue instruction on what is required from a medical perspective. Should a detainee in CBSA care be seriously ill and in need of immediate medical attention, they would be referred to the appropriate local or emergency health authority for medical assessment without delay; this could include transfer to a hospital if required.
- Currently, three detainees are subject to self-isolation at the Immigration Holding Centre in Laval, and six at the Immigration Holding Centre in Toronto. There are no detainees required to self-isolate at the Immigration Holding Centre in Surrey.
Background:
On April 19, 2020, coordinated, non-violent protests occurred outside all three CBSA IHCs. In an article published by Global News, these protests called for the release of immigration detainees in light of the novel coronavirus pandemic. Institutions, such as IHCs, are being criticized for their inability to provide acceptable medical treatment in addition to facilitate self-isolation/social distancing.
The Canada Border Services Agency (CBSA) works to ensure that it is exercising responsibility for detentions to the highest possible standards, with the physical and mental health and well-being of detainees as well as the safety and security of Canadians as primary considerations. Detainee rights are guaranteed by the Canadian Charter of Rights and Freedoms; individuals who are detained for immigration purposes are protected from arbitrary arrest and detention and have access to effective remedies.
CBSA officers detain foreign nationals and permanent residents when there are reasonable grounds to believe the person is inadmissible to Canada and is:
- a danger to the public;
- unlikely to appear (flight risk) for immigration processes;
- unable to satisfy the officer of their identity (foreign nationals only);
- upon entry, to complete an immigration examination; or,
- has been designated as part of an irregular arrival by the Minister of Public Safety (16 years of age or older only).
CBSA officers may also detain foreign nationals and permanent residents at a port of entry where there are reasonable grounds to suspect the individual is inadmissible due to security grounds, human rights violations or criminality. Immigration detention is administrative; exercised to ensure the integrity of the immigration system and public safety. Detention is a last resort and officers must always consider alternatives. Should a detainee in CBSA care be seriously ill and in need of immediate medical attention, they would be referred to the appropriate local or emergency health authority for medical assessment without delay.
The CBSA is working closely with the Public Health Agency of Canada (PHAC) to prevent the spread of the 2019 Novel Coronavirus (COVID-19). PHAC is responsible for advising the CBSA of any enhanced measures that must be implemented at the border to help prevent the introduction and spread of serious infectious diseases into Canada.
All individuals who have an IRPA detention initiated at a POE are being instructed to wear a surgical mask during transport to a detention facility. CBSA has three Immigration Holding Centres (IHCs) located in Surrey, British Columbia, Laval, Quebec and Toronto, ON, and relies on provincial correctional facilities in other regions.
In light of the novel coronavirus pandemic, temporary measures have been implemented to further mitigate the risks to more vulnerable detainees and limit the use of detention as much as possible. With the goal of minimizing the risk of introducing and spreading Covid-19 to CBSA facilities, the CBSA has:
- restricted access to IHC facilities to those performing critical services, such as health/mental health services (including doctors and nurses on staff 24 hours, 7 days per week), security services, food services, cleaning services and, when applicable, legal services;
- enhanced hygiene measures for persons authorized to enter the IHCs;
- undertaken additional measures to completely sanitize spaces and facilities for detainees and staff.
- increased the frequency of cleaning bathrooms, rooms, common areas and lobbies in IHCs;
- implemented mandatory use of personal protective equipment at all times for those working at CBSA facilities in order to prevent the spread of Covid-19;
- mandated that staff, contracted staff, and detainees currently adhere to social distancing at all times, as recommended by health authorities, unless exceptional situations arise.
- introduced two time slots for each meal at IHCs to facilitate social distancing;
- set up teleconferencing services to avoid the need for detainees to travel (for example, hearings and/or detention reviews);
- discontinued personal visits until further notice, except for legal advisors, designated government representatives and interpreters;
- improved access to telephones as well as allowing for free long-distance calling in order to maintain connections with support systems at this difficult time;
- implemented enhanced medical oversight of detainees;
- began conducting twice daily temperature checks in the Toronto IHC;
- implemented a CoVid-19 medical screening form for all new IHC admissions;
- been working with the Immigration and Refugee Board to ensure detention reviews are being held via telephone or videoconference to the greatest extent possible.
Should a detainee in CBSA care be seriously ill and in need of immediate medical attention, they would be referred to the appropriate local or emergency health authority for medical assessment without delay. This also applies to cases of persons arrested at inland locations within Canada. In situations where the Immigration and Refugee Board determines the release of a detainee before the 14-day self-isolation period is complete, a Medical team will meet with the individual and provide them with directives for continuing their self-isolation, along with the same handout that is being provided in airports.
The CBSA will continue to engage with PHAC on any cases of suspected exposure to COVID-19. The CBSA is constantly reviewing its processes and procedures as events unfold. The CBSA also continues to work with its provincial partners on measures to ensure the safety and security of CBSA detainees who are being detained in provincial facilities.
Detention Statistics
Since November 2016, the CBSA has been posting statistics related to immigration detention online at https://www.cbsa-asfc.gc.ca/security-securite/detent/menu-eng.html.
As of April 23, 2020 there were 141 individuals in immigration detention, a reduction of 60% from 353 detainees on March 17, 2020 when border restrictions were imposed. On the same date, 20% of individuals were detained in an IHC, 78% in a provincial facility and 2% in other facilities.
Contacts:
Approved by: Jacques Cloutier, Vice President, Intelligence and Enforcement Branch, [REDACTED]
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