Question Period Note: Removals

• The timely removal of failed claimants plays a critical role in supporting the integrity of Canada’s asylum system.

• The CBSA has a legal obligation to remove individuals who have no legal right to stay in Canada as soon as possible.

• On March 17, all scheduled removals were postponed due to the COVID-19 global pandemic.

• However, on August 4, 2020, as part of the Removals Resumption Plan, the CBSA resumed escorted removals of serious inadmissibility cases.

• On November 30, 2020, the CBSA resumed the enforcement of removals of all inadmissible persons while operating within COVID-19 related restrictions.

• This decision has been taken at this time for a number of reasons, including:
o the legal requirement to do so;
o the resumption of business processes at Immigration, Refugees and Citizenship Canada and Immigration and Refugee Board of Canada to produce decisions leading to removal;
o an increase in available routings by commercial partners that facilitate returns; and
o the ability to ensure that removals are undertaken in a responsible manner.

• It is fully expected that removal volumes will continue to be significantly reduced for some time, and all individuals will continue to have access to all recourse they are entitled to under the law.

If pressed on “guardian angels”:
• Those being removed have either exhausted or chosen not to pursue further legal recourse and have no legal right to remain in Canada.

• However, the CBSA has been clear that the Agency will not be removing those who may be eligible to qualify for permanent residency under the guardian angels public policy.

If pressed on the number of removals:
• As of November 26, 2020, the total number of enforced removals for FY 2020-2021 is 7,244 individuals, including those that we administratively removed once we identified they had voluntarily left Canada already.

• The total number of enforced removals for FY 2019-2020 is 11,544 individuals.

• The total number of enforced removals for FY 2018-2019 is 9,693 individuals.

CBSA Removals Process

As part of its enforcement of the Immigration and Refugee Protection Act (IRPA), the CBSA has a statutory obligation to remove any foreign national that has been issued a removal order for violating the IRPA. Removals are an integral part of the CBSA’s security mandate.

The IRPA specifies that individuals may be inadmissible for any of the following reasons: security; crimes against humanity and war crimes; criminality; organized crime; risk to health of Canadians or excessive demand on health services; misrepresentation; inability to financially support yourself or your dependents; based on a family member’s inadmissibility, and non-compliance with the IRPA (e.g. overstaying the time you are permitted to remain in Canada).

Every foreign national ordered to be removed from Canada is entitled to due process before the law and all removal orders are subject to various levels of appeal. Foreign nationals have the right to file an application for leave and judicial review before the Federal Court, throughout the process, accompanied by a stay motion in the case of those facing imminent removal. Some Permanent Residents subject to a removal order also have a right of appeal to the Immigration Appeal Division of the IRB. Removals cannot be enforced until all pending legal avenues have been exhausted.

The CBSA prioritizes its removals based on a risk management regime:
• Priority 1: Security, organized crime, crimes against humanity, serious criminals, criminals, and failed irregular arrival refugee claimants;
• Priority 2: Failed refugee claimants;
• Priority 3: All other inadmissible persons.

In the 2018-2019 fiscal year, the CBSA removed 9,693 individuals from Canada; it removed 11,544 in the 2019-2020 fiscal year. These represent the highest removal numbers in the last four years for the Agency. As of November 26, 2020, the CBSA has removed 7,244 individuals for the 2020-2021 fiscal year, which has been impacted by a removal stoppage due to COVID-19. The breakdown is as follows:
• Total Removals: 7,244
• POE Removals: 425
• Inland Removals: 6,819
o R240(3) Removals (i.e., Administrative Removals): 5,341
o Serious inadmissibility cases (ss34, 35, 36 & 37 of IRPA): 147
o Voluntary (i.e., requested to leave during pandemic): 1,331

Removals during COVID-19

On March 17, all scheduled removals were postponed; however, exceptions were considered on a case-by-case basis, whether at ports of entry or inland, particularly:
• serious inadmissibility cases; and
• individuals who approach the CBSA with a request to leave voluntarily. The Agency will facilitate the removal, as per normal process, by purchasing an airline ticket if the individual is unable to do so themselves.

During this period, removals were also being administratively enforced as per regulatory changes that came into effect in 2018 (section 240(3)).

Furthermore, an Administrative Deferral of Removal (ADR) was imposed on Hubei Province, China, on January 31, 2020. It was subsequently lifted on July 30, 2020. On August 4, 2020, as part of the Removals Resumption Plan, the CBSA resumed escorted removals of serious inadmissibility cases.

On November 30, the CBSA recommenced the removal of all inadmissible persons in Canada. This includes failed irregular migrants, failed refugee claimants and lesser inadmissibility. The Agency has taken note that countries have begun a gradual re-opening, which is increasing the availability of flights for international travel. This also coincides with increased mitigation measures by countries and airline companies, such as social distancing and mandatory mask wearing, which increases the possibility of safely and effectively conducting removals. This is further enhanced by CBSA COVID-related protocols, which includes the use of personal protective equipment for removals.

The Agency will continue the requirement of headquarters senior management authorization of escorted removals on a case by case basis to ensure they are done as safely as possible for everyone involved. Additionally, the Agency will continue to actively monitor the COVID-19 situation, both domestically and abroad, to ensure that removals continue to be conducted safely and fairly for everyone. This will also allow the Agency to act quickly upon any changes in the COVID-19 environment as soon as possible and, if the situation should require it, the Agency can re-impose the pause.

Guardian Angels

The Government of Canada has indicated that it is committed to introducing soon a public policy to allow foreign nationals within Canada, who have worked six months or more in the medical field in the fight against COVID-19, to remain in Canada to apply for permanent residence (“Guardian Angels”). In light of that commitment and the CBSA is resuming its removals, the Agency has indicated publicly that it will not seek to remove those who could be considered exempt under that public policy.

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