Recent calls from Human Rights Watch (HRW) have reignited discussions regarding the treatment of individuals with disabilities in Canada’s immigration detention system. The organization has urged for the abolition of immigration detention, citing inadequate protection for those with mental disabilities.
A notable case highlighted by HRW involved a man who, due to his mental illness, was unable to communicate effectively during his hearings. Despite this, his designated representative—a contracted individual appointed for those unable to participate fully in immigration proceedings—failed to engage with the man or his legal counsel over a two-year period and 23 hearings. This representative argued that detention was the only option, even though the man was diagnosed as being in a catatonic state for the latter part of his detention.
Established under the Immigration and Refugee Protection Act, the Immigration Division (ID) can only hold someone during legal proceedings if they are a flight risk or pose a public danger. The external audit of the system questioned why no arguments were made regarding the man’s threat level.
In a broader context, all Canadian provinces ceased immigration detention in March 2024, although the federal government, through the Canada Border Services Agency, continues administering detentions. With a new focus on border security aligned with recent geopolitical developments, such as meetings between Prime Minister Trudeau and President-elect Trump, there are doubts that the federal system will be dismantled entirely.
Designated representatives are meant to protect and advance detainee interests. However, the audit indicated systemic reliance on their presence may mask underlying inadequacies, especially for mentally ill detainees. As debates on border policies intensify, this aspect of immigration law demands consideration, calling into question whether structural reforms can align with human rights obligations.
To find out more about the critique of Canada’s immigration detention system, visit the original report.