Immigration Arrest and Detention
Being arrested and detained by the Canada Border Services Agency (CBSA) is a serious and stressful event. Canadian immigration law provides important procedural safeguards, including prompt review of detention and the right to seek release with conditions. Experienced legal representation at the earliest stage can significantly affect the outcome of a detention case.
Immigration Detention Reviews
When a person is arrested and detained by the CBSA, the law requires that the reasons for detention be reviewed by the Immigration Division of the Immigration and Refugee Board of Canada (IRB) within 48 hours of arrest, or without delay thereafter. This first detention review hearing is a critical opportunity to seek release.
A person may be arrested and detained by the CBSA if immigration officers believe that:
- The individual is a danger to the public
- The individual is unlikely to appear for future immigration proceedings or removal from Canada
- The individual has not established their identity to the satisfaction of immigration authorities
Before the first detention review hearing, the detained person and their counsel are entitled to receive disclosure of the documents the CBSA intends to rely on to justify continued detention.
Detention Review Hearings and Release Options
Detention review hearings may be conducted in person or by videoconference. At the hearing, the detainee or their legal counsel can argue for release by proposing reasonable alternatives to continued detention, which may include:
- Cash bonds (a deposit paid to the government)
- Performance bonds (an undertaking by a bondsperson to pay a set amount if conditions are breached, similar to a criminal surety)
- Conditions of release, such as reporting requirements, curfews, house arrest, or—in rare cases—electronic monitoring
If release is denied at the first hearing, the detention must be reviewed again seven days later, and then every 30 days thereafter until the person is either released or removed from Canada.
Trusted Representation in Immigration Detention Matters
Immigration arrest and detention cases move quickly and require precise legal advocacy. At Mamann Sandaluk LLP, our lawyers regularly represent detained individuals and bondspersons before the Immigration Division, and we work aggressively to secure release at the earliest opportunity.
If you or a loved one has been detained by the CBSA, contact Mamann Sandaluk LLP today to speak with experienced Canadian immigration and refugee counsel and obtain immediate, strategic legal assistance.
Frequently asked questions about
Immigration Arrest and Detention
The legislation requires that detention be reviewed within 48 hours of arrest or “without delay” thereafter. In practice, this means that if a person is detained just before a weekend or statutory holiday, the first detention review may take place on the next business day rather than strictly within 48 hours.
If an individual breaches any of their release conditions, such as failing to update their address with CBSA, they risk being re-arrested and returned to immigration detention. Once a breach has occurred, securing a subsequent order for release becomes substantially more difficult due to the history of non-compliance.
If a person breaches their release conditions—for example, by failing to appear for removal—the CBSA will typically notify all bondspersons of its intention to seize the bond. Bondspersons are usually given an opportunity to make written submissions explaining why the bond should not be forfeited.
A cash bond may be posted using a credit card or debit card, or by providing a certified cheque or money order payable to the Receiver General for Canada.
A performance bond is a written undertaking to pay the bond amount if the released person breaches their conditions. To post a performance bond, the proposed bondsperson must demonstrate financial ability to pay the bond if required. This is typically done by providing evidence such as proof of income, assets, and overall financial solvency.
The legislation requires that detention be reviewed within 48 hours of arrest or “without delay” thereafter. In practice, this means that if a person is detained just before a weekend or statutory holiday, the first detention review may take place on the next business day rather than strictly within 48 hours.
If an individual breaches any of their release conditions, such as failing to update their address with CBSA, they risk being re-arrested and returned to immigration detention. Once a breach has occurred, securing a subsequent order for release becomes substantially more difficult due to the history of non-compliance.
If a person breaches their release conditions—for example, by failing to appear for removal—the CBSA will typically notify all bondspersons of its intention to seize the bond. Bondspersons are usually given an opportunity to make written submissions explaining why the bond should not be forfeited.
A cash bond may be posted using a credit card or debit card, or by providing a certified cheque or money order payable to the Receiver General for Canada.
A performance bond is a written undertaking to pay the bond amount if the released person breaches their conditions. To post a performance bond, the proposed bondsperson must demonstrate financial ability to pay the bond if required. This is typically done by providing evidence such as proof of income, assets, and overall financial solvency.
