Indefinite immigration detention in Canada under fire in Federal Court
TORONTO — Canada’s immigration regime allows for indefinite and arbitrary detention that can cause severe psychological distress and is therefore unconstitutional, Federal Court heard Monday.
What’s needed is a robust process and legal limit on how long foreigners can be held when speedy deportation is unlikely, court was told by lawyers for a Jamaican man who spent five years in custody.
“This is a case of the Canadian state depriving human beings of their most fundamental rights,” lawyer Jared Will said in his submissions. “Lengthy indefinite detention is contrary to the principles of fundamental justice.”
At issue are provisions in Canada’s immigration law that allow foreigners facing deportation to be detained — frequently under maximum security conditions — when the government considers them a flight risk, dangerous, or cannot confirm their identity.