Question Period Note: Minors in Canada’s Immigration Detention System

Recent media attention on minors in detention.

• As part of the 2016 National Immigration Detention Framework, a Ministerial Direction was issued to the Canada Border Services Agency (CBSA) on November 6, 2017 regarding the treatment of minors in Canada’s immigration detention system.

• The key objective of the Ministerial Direction is to – as much as humanly possible – keep minors out of detention and keep families together.

• The Ministerial Direction makes it clear that the best interests of the child must be a primary consideration. To effect its implementation, the National Directive for the Detention or Housing of Minors was issued simultaneously to guide CBSA officers in making detention case decisions to achieve better and consistent outcomes for minors.

• The CBSA does not separate a minor from their parent unless it is in the best interest of the child (e.g. for their health and safety), and every effort is made to preserve the family unit by finding a reasonable and appropriate Alternative to Detention. Where this is not possible and a parent or legal guardian is held in detention, a child may be “housed” with the detained parent upon the parent’s request and consent.

• In 2019-2020, 136 minors were housed with their detained parent(s) or legal guardian and only two minors were detained. Of those, 130 minors were housed in the Immigration Holding Centre at Laval, and all minors were accompanied. Eighty percent of minors were housed or detained due to concerns with their identity or the identity of their parents or legal guardians.

• To date in 2020-2021, five minors were housed with their detained parent(s). We have seen a 96% decrease from last year.

• As of December 9, 2020, there are currently no minors housed or detained at any CBSA Immigration Holding Centres.

• The CBSA considers the detention or housing of minors to be an issue of paramount importance and is taking measures to ensure decision making is transparent in all cases through management oversight and systematic reporting.

The detention of a minor under A55 of the Immigration Refugee Protection Act (IRPA) is exceptional and a measure of last resort. A detained minor has access to the same legislative scheme under the IRPA that any other foreign national or permanent resident would have, and the Federal Court is a bona fide option for recourse related to any immigration proceeding.

The vast majority of minors at Canada Border Services Agency (CBSA) Immigration Holding Centres (IHCs) are being “housed” with their parent(s) at the request of the parent(s), which has been determined to be in their best interests. Minors being “housed” have the ability to leave the facility at any point in time with the parent(s) consent.

Where a minor is housed or detained, the CBSA ensures that they have the proper access to programs and services. In accordance with international obligations: minors have access to health care services (e.g. nurse, doctor, psychology and psychiatric supports); outdoor and indoor recreation that includes a play/game room with toys, books, board games, and proper nutrition (which aligns with Canada’s Food Guide) that also caters to special dietary needs (food allergies, halal diet, etc.). Families have separate living and sleeping quarters, washroom and laundry facilities, and the IHC readily provides cribs, diapers, and other products as needed. Minors that are in IHC facilities for periods in excess of seven (7) days are provided with educational programming.

CBSA officers have a breadth of experience in interviews to determine the needs of a minor, enshrined in IRPA and special considerations of the Immigration and Refugee Protection Regulations. At first contact (with a minor), a detailed report is completed by the officer that includes a Best Interest of a Child (BIOC) assessment, consideration of personal information, case synopsis, measures taken to mitigate detention and all Alternatives to Detention (ATDs) were considered.

On August 15, 2016, the Minister of Public Safety and Emergency Preparedness announced the National Immigration Detention Framework (NIDF) with a commitment of up to $138 million to transform Canada’s immigration detention system to primarily invest in IHCs, expand ATDs and partnerships and increase transparency that will have an impact on minors in varying degrees:

• IHC architectural design considered the needs of families and will be aesthetically less institutional (e.g.: removal of bars on windows and razor/barb wire). Family unification remains a key priority, thus, all facilities are designed to ensure no separation of the family unit within the facility; historically, a father was separated from their family.
• In summer 2018, the Minister unveiled the expanded suite of ATDs with a new national community case management and supervision program, a national voice reporting program and an electronic monitoring pilot in the Greater Toronto Area Region (GTAR). These initiatives in combination with existing release tools provide more options to better manage individuals outside of detention notably, parents with a minor(s).
• The National Directive for the Detention or Housing of Minors (ND) was issued following the Ministerial Direction, and this was developed through extensive consultation with key partners / stakeholders such as the Canadian Council for Refugees, University of Toronto, Canadian Red Cross Society, and the United Nations High Commission for Refugees whose support was obtained prior to its release.
• For transparency, the CBSA began posting detention statistics three months after the NIDF launch that include details on minors: status, age, gender, length of housing/detention and facility type, as well as the average and median length of time in a facility: http://cbsa.gc.ca/security-securite/detent-stat-eng.html

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