Detention Review in Canada
Protecting Your Rights After Arrest
If you or a loved one has been detained by Canadian immigration authorities or police, understanding the process of detention review is crucial. A detention review is a legal proceeding that determines whether a detained person should continue to be held or be released, often under specific conditions. This is a critical stage in both immigration and criminal law, where timely action and proper legal representation can make a significant difference.
What Is a Detention Review?
In Canada, individuals who are detained under the Immigration and Refugee Protection Act (IRPA) are entitled to a detention review hearing. The first review must occur within 48 hours of the initial detention. If the person is not released, further reviews are scheduled at the 7-day and then every 30 days thereafter.
For criminal matters, while the terminology may vary (often referred to as bail hearings), the concept is similar: the review evaluates whether the detained person can be safely released into the community pending the outcome of their case.
Who Conducts the Detention Review?
In immigration cases, the review is conducted by a Member of the Immigration Division of the Immigration and Refugee Board of Canada (IRB). For criminal cases, a judge or justice of the peace presides over the bail hearing.
The reviewing authority considers a range of factors, including:
- The reasons for detention (e.g., flight risk, danger to the public)
- The availability of alternatives to detention
- The length and conditions of detention
- The detainee’s ties to the community, immigration status, and criminal record (if any)
Key Reasons for Immigration Detention
Individuals may be detained under immigration law for reasons such as:
- Identity not being established
- Flight risk – concern that the person will not appear for future proceedings
- Risk to public safety or security
- Inadmissibility due to past criminal convictions or misrepresentation
Understanding the basis for detention is essential in preparing a strong case for release during the review hearing.
How to Prepare for a Detention Review Hearing
Preparing for a detention review requires gathering and presenting evidence that supports release. This may include:
- Personal documentation to verify identity
- Proof of ties to Canada (employment, family, community involvement)
- A detailed release plan, possibly including a bondsperson or surety
- Letters of support from family, friends, or community members
It’s important to work with an experienced immigration or criminal defence lawyer who can guide you through the process and represent you effectively at the hearing.
What Happens at the Detention Review?
During the detention review:
- The detainee and their legal representative present their case.
- Evidence is submitted to demonstrate why continued detention is unnecessary.
- The CBSA (Canada Border Services Agency) or Crown may argue for continued detention.
- The decision-maker weighs all the information and either orders continued detention or release, sometimes with conditions.
Outcomes may include:
- Full release with no conditions
- Conditional release (e.g., reporting requirements, bond)
- Continued detention, with the option for future review
Rights of the Detainee
Everyone in Canada has the right to liberty and freedom from arbitrary detention under the Canadian Charter of Rights and Freedoms. These rights ensure that:
- You are informed of the reasons for your detention
- You receive a timely review of your detention
- You have access to legal counsel
- You can challenge unlawful detention in court
Legal advocacy plays a vital role in safeguarding these rights and achieving a fair outcome.
Why Legal Representation Matters
A well-prepared detention review can significantly impact your future. Whether you are facing immigration detention or criminal custody, experienced legal representation improves your chances of securing release and navigating the system with confidence.
At our firm, we:
- Analyze the grounds for your detention
- Develop a compelling release strategy
- Represent you at detention reviews or bail hearings
- Advocate strongly for your rights and best interests
Don’t Face Detention Alone – Let Us Help
Whether you’ve been detained or are helping a family member through the process, time is critical. Detention reviews are complex and fast-moving, but with the right legal team on your side, you have a fighting chance for release.
Get in touch with us today to discuss your case or book a confidential consultation with one of our experienced immigration and criminal defence lawyers. We’re here to protect your rights and guide you every step of the way.
