What are Sanctuary cities or Access without fear policies?

In 2013-2014, after much advocacy by migrant people, cities such as Toronto, Hamilton and Vancouver passed “Sanctuary City” motions and committed to implementing “Access without Fear” policies for undocumented residents. The goal was for migrants to “have full rights to access all city services and city-administered services without fear, regardless of their documentation status.”¹ This meant that City staff were not to ask about immigration status, deny access to City services to non-status people, and they would not share personal information with CBSA (unless required by law). Migrant and undocumented people do not believe that the City is accessible or that any significant changes have taken place since 2013.² It is important to know that police services (such as Toronto police) do not implement these policies and have continued to share information with CBSA.

Also, these policies contained exceptions allowing City workers to ask about immigration status when the City delivers services for other levels of government, including: Ontario Works, child care and housing subsidies  (immigration status is part of the eligibility requirements for these programs).³ And, even though Provincial “Service Ontario” and Federal “Service Canada” offices are located in cities that are “Sanctuary Cities”, these bodies were not bound by the City’s “Access without Fear” policies.

If you are concerned about your immigration status in Canada, working with a trusted person who has status, a community agency or legal clinic to navigate accessing services is a good idea. For example, you may be eligible to apply for financial support from Ontario Works (OW) or Ontario Disability Support Program (ODSP) even if you don’t have status in Canada. But workers routinely ask for people to provide proof of their immigration status in Canada and even suggest contacting CBSA to verify status. A legal clinic may be able to help you by writing a letter instead. If you are trying to get an Ontario Photo ID Card from Service Ontario, you do not need to have legal status but do need to provide documents that show your legal name and date of birth. Apply for a Verification of Status (VOS) document from Immigration also requires providing satisfactory ID documents. A community agency or ID Clinic might be able to help you to navigate any barriers or risks.  

Important note: This guide was created by organizations in Ontario, but the unfair immigration rules discussed here affect people across Canada. If you live in a different province, we encourage you to connect with a migrant justice organization in your area. You can find some of them here: About Migrant Rights Network – Migrant Rights Network

Important note: There are organizations across Canada fighting for migrant justice and Status for All that may be able to support you with information relevant to where you live. You can find some of them here: About Migrant Rights Network – Migrant Rights Network

Can I make a complaint about how CBSA treated me? 

The government of Canada recently passed a new law to establish an independent review body for CBSA and the Royal Canadian Mounted Police (RCMP). This is called the “Public Complaints and Review Commission” and is expected to be operational in 2026. This body is supposed to accept individual and third-party complaints (meaning another person or organization can complain on your behalf) and conduct systemic reviews in addition to reviewing specific CBSA conduct (including detention related complaints). Complaints must be filed within 2-years of the incident occurring. There is very little information about how this mechanism will operate, however experiences with other law enforcement complaint mechanisms (such as police) raise concerns about the effectiveness and independence of these types of bodies.⁴ 

Currently, CBSA has an online “feedback form” for complaints which requires entering a lot of personal details, including your address and phone number (this form can be submitted by a representative on your behalf).⁵ The form will also become a part of your CBSA file and “may be shared internally or with international, federal, provincial or local law enforcement agencies for law enforcement and investigation purposes as authorized under section 8(2) of the Privacy Act.”⁶ Get in touch with a legal clinic to understand your current options and how submitting a complaint might impact your immigration status and/or applications.  Legal clinics may be able to talk to you about options other than submitting a “feedback from”, including suing the CBSA (depending on the nature and severity of the treatment you experienced). A complaint will not stop removal from Canada or guarantee release from detention but could be used as evidence in these proceedings (e.g. to argue abuse of process or systemic discrimination).

1. Toronto City Council, “Toronto for all – united as an inclusive sanctuary city” (city council consideration 31 January 2017), https://secure.toronto.ca/council/agenda-item.do?item=2017.MM24.23 ↩︎
2. MWAC, Recommendations: City of Toronto Consultations on Toronto Newcomer Strategey Renewal, https://migrantworkersalliance.org/wp-content/uploads/2021/02/Recommendtions_-City-of-Toronto-Consultations-on-Toronto-Newcomer-Strategy-Renewal-1.pdf ↩︎
3. City of Toronto, Access to City Services for Undocumented Torontonians, https://www.toronto.ca/city-government/accountability-operations-customer-service/long-term-vision-plans-and-strategies/access-to-city-services-for-undocumented-torontonians/ ↩︎
4. Ontario Human Rights Commission, Submission to the Independent Review of Police Oversight Bodies, 15 November 2016, https://www3.ohrc.on.ca/en/ohrc-submission-independent-review-police-oversight-bodies ↩︎
5. Government of Canada, Submit your feedback form (2025-08-14), https://contact.cbsa-asfc.cloud-nuage.canada.ca/Cipssubmissionform?lang=en_CA&type=complaint ↩︎
6. Canada Border Services Agency, “Frequently Asked Questions: how will my personal information be used?” (2024-03-08), https://www.cbsa-asfc.gc.ca/contact/faq-eng.html (section 8(2) of the Privacy Act) ↩︎