UN Investigation into Canada's Treatment of Illegal Immigrants

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Key Takeaways:

The UN investigates Canada over human rights concerns related to the detention of illegal immigrants in jails.
Experts evaluate conditions in prisons, police stations, and institutions for detainees, including juveniles and migrants, focused on deprivation of liberty.
Finance Minister proposes legislative amendments allowing federal facilities to hold high-risk illegal immigrants, sparking controversy about human rights.

What Prompted the UN Investigation into Canada?

The United Nations (UN) recently initiated an investigation into Canada over concerns of human rights abuse following a controversial proposal from the Liberal government to house illegal immigrants in jails. This action came after the UN Working Group on Arbitrary Detention received complaints related to arbitrary detentions. According to Blacklock’s Reporter, the investigators began their tour of Canadian detention centers and police stations on a mission “to gather information where people are deprived of their liberty.”

UN Investigation into Canada's Treatment of Illegal Immigrants

What Are the Experts Looking For?

The panel of experts, led by human rights lawyer Dr. Matthew Gillett from New Zealand, aims to gather data from various facilities, including prisons, police stations, and institutions for juveniles, migrants, and those with psychosocial disabilities. The statement released by the investigators explains:

“Experts will gather information from places where people are deprived of their liberty including prisons, police stations and institutions for juveniles, migrants and people with psychosocial disabilities.”

The investigation covers regions like British Columbia, Alberta, Ontario, and Québec. Though the specifics of the investigation’s purpose remain undisclosed, the general focus is on evaluating conditions related to the deprivation of liberty in Canada. The UN expects to receive the final report by 2025.

Why Is the UN Concerned About Canadian Detention Practices?

The Canada Border Services Agency (CBSA) recorded that in 2023, up to 1,662 foreigners were in custody, primarily identified as a “danger to the public” or “unlikely to appear” at deportation hearings. These detentions typically lasted an average of 16 days. An Inquiry of Ministry tabled on April 3 in the House of Commons revealed a staggering number of 28,145 foreign fugitives wanted by CBSA, including 646 known criminals, who remained at large.

Highlighting the principles behind detaining individuals in migration proceedings, the UN panel’s 2024 report stated:

“Detention in the course of migration proceedings must be used only as a last resort and is permissible only for the shortest period of time in each individual case.”

Is Canada Proposing New Legislation on Immigration Detention?

Yes, Finance Minister Chrystia Freeland’s budget proposal on April 16 suggests amending the Corrections And Conditional Release Act along with the Immigration And Refugee Protection Act. This change would allow federal penitentiaries to hold illegal immigrants and refugee claimants deemed a risk to public safety. The budget proposal specifically mentions:

“The government proposes to introduce amendments to the Corrections And Conditional Release Act and the Immigration And Refugee Protection Act to enable the use of federal correctional facilities for the purpose of high-risk immigration detention.”

What Does the Canadian Government Say About This Proposal?

Immigration Minister Marc Miller spoke to reporters about the proposal on April 30, affirming that those to be housed in the penitentiaries are “mostly public safety related.” He added:

“Frankly there are people who are not entitled to be in this country. They have received due process upon due process.”

According to the Correctional Service of Canada, the current federal prison system has thousands of vacant cells. Data from 2022 shows that out of a total of 16,382 cells, only 13,054 had inmates, pointing towards a capacity to accommodate more detainees if necessary.

What Are the Implications of Housing Illegal Immigrants in Jails?

The proposal to utilize federal prison cells for holding illegal immigrants sparks significant controversy and raises numerous ethical and legal questions. Critics argue that using jails to detain non-criminal immigrants contravenes the principles of human rights and migrant protection. It is essential to monitor the outcomes of the UN investigation to understand how Canada addresses the potential human rights implications of this policy move.

Where Can I Find More Information?

For more detailed information on matters related to immigration and detention policies in Canada, you can visit the Canada Border Services Agency’s official website. This site provides authoritative and up-to-date details on current practices and legislative changes.

What Comes Next?

With the UN set to provide a comprehensive report in 2025, it remains critical to observe how the investigation’s findings might influence Canadian policies and practices on immigration detention. Ensuring that the detention processes are fair, humane, and aligned with international human rights standards remains a priority for both national and international stakeholders.

Understanding these practices and their implications can help foster a more balanced immigration system that respects human rights while addressing public safety concerns.

Learn Today:

Glossary

Arbitrary Detention: The practice of holding an individual in custody without valid legal reason or due process. In this context, it relates to the UN’s concerns about the detention of illegal immigrants in Canada without sufficient legal grounds.
Deprivation of Liberty: The condition where individuals are confined in detention facilities or other controlled environments, preventing them from freely leaving. This term is central to the UN investigation into how and why people, including migrants, are detained in Canada.
Canada Border Services Agency (CBSA): A federal agency responsible for border enforcement, immigration enforcement, and customs services in Canada. The CBSA’s role includes detaining individuals identified as risks to public safety or unlikely to appear at deportation hearings.
Immigration and Refugee Protection Act: Canadian legislation that outlines the country’s immigration system, including the policies and procedures for refugee protection and the conditions under which immigrants can be detained.
Psychosocial Disabilities: Disabilities that are a result of mental health conditions and social factors. The UN investigation includes an assessment of how individuals with such disabilities are treated in detention facilities.

This Article In A Nutshell:

The UN investigates Canada over human rights concerns, focusing on arbitrary detentions. Experts scrutinize facilities nationwide, including prisons and police stations. Canada’s proposal to house illegal immigrants in jails raises ethical debates. The outcome of the UN investigation in 2025 will be pivotal for immigration policies aligning with human rights standards.
— By VisaVerge.com

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