Detention Review

What happens at a detention review hearing?

The Immigration Division member is in charge of the hearing. The member will start by introducing everyone and explaining what is going to happen. If you do not understand French or English, an interpreter will be at the hearing to translate for you. If there is an interpreter at your hearing, the member will check that you understand each other.

Next:

• The CBSA representative will explain why you are being detained (the "reasons for detention") and present the facts in support of their position. More than one reason for detention can be given.
• You or your counsel will be given an opportunity to respond, to explain your opinion and to ask questions.
• If there are witnesses at the hearing to provide information, the CBSA representative, you, your counsel, or the member may ask them questions.
• After hearing from both the CBSA representative and you or your counsel, the member will decide whether you will be released or stay in detention.

What are the reasons for detention?

The CBSA will ask the member to have you stay in detention if they think that at least one of the following situations applies to you.

• You are a danger to the public.

To support this claim, the CBSA may give examples of:

• criminal convictions for offences that involved violence, weapons, drugs, or sex; or
• problems related to drug or alcohol addiction.

• You are unlikely to show up when asked to do so, for example at a hearing or for your removal from Canada.
• Your identity has not been established but can be.
• The CBSA thinks that you might be inadmissible to Canada for security reasons or because of a violation of human or international rights, serious criminality, criminality, or organized criminality.

What is an alternative to detention?

An alternative to detention is conditions that the member can impose to offset the risk that you represent. Examples of conditions include obeying a curfew, living with a specific person, or avoiding drinking alcohol or taking drugs. The member will decide which conditions are necessary in your specific case.

The member may also decide to require a bond in addition to the conditions of release. There are two types of bonds: cash bonds and performance bonds. The guarantor who provides the bond can be a friend, a family member or a community worker, for example. At your hearing, the CBSA representative and the member may ask your proposed guarantor for information that will help the member decide if the guarantor is suitable.

• Cash bond (or deposit)

If the member orders a cash bond, you or another person (a guarantor) must pay a deposit (an amount of money) to the government. This is to make sure you meet all the conditions of your release. If you do not meet the conditions, the Government of Canada will keep the money and the CBSA may arrest and detain you again.

• Performance bond (or guarantee)

If the member orders a performance bond, your guarantor must sign a document that is a promise to pay an amount of money. This is a promise that you will meet all the conditions of your release. If you do not meet the conditions, the Government of Canada will collect the money from your guarantor and the CBSA may arrest and detain you again.

• Guarantor

A guarantor is a trustworthy person who can make sure that you meet the conditions of your release. To provide a performance bond, your guarantor must be a Canadian citizen or a permanent resident of Canada. They must also be able to show that they can afford to pay the bond and that they can make sure you obey the conditions of your release.