Making a safety plan for arrest and detention

In addition to considering what strategies you might use when confronted with CBSA, creating a safety plan in the event arrest and detention does happen may help you secure release and take care of the needs of your loved ones.  Some things you might want to include in your Safety Plan Checklist (borrowed and modified from the ILC KYR and Butterfly and IHRP KYR documents): 

• I have the number of a trusted lawyer or registered immigration consultant (memorized or written down in case my phone dies or is taken away from me) 

• I have spoken to a trusted lawyer or registered immigration consultant and understand my options and the timelines that are involved 

• I know what an immigration warrant looks like and what CBSA can and can’t do with an immigration warrant

• My electronic devices (phones, laptops) are password protected (with a code and not fingerprint or facial recognition) 

• I have someone I trust who knows my full legal name and date of birth as it appears on my ID (in case they need to reach me in detention)

• I have thought about whether to carry ID with me and understand the risks of having my ID on me, as well as the risks of not having any ID on me 

• I have given a spare set of house keys to someone I trust and who can: access my important papers and tell others living at my house what has happened

• I have someone I trust who can: contact my lawyer, take care of my children or other family members and tell my work about my absence

• • I have someone I trust who can help ensure that my rent continues to be paid or talk to my landlord (depending on length of detention), so I don’t lose my housing 

• I have found someone who can be a bondsperson for me who is: over 18 years old, a Canadian citizen or permanent resident living in Canada, has income and/or assets, knows me well and can ensure my presence at an immigration proceeding 

• I know my bondsperson’s full legal name and address, and me or my legal representative have talked to my bondsperson about what will be expected of them

• I have found support from religious or community organizations, neighbours, and other allies who can rally together to help me get out of detention or fight my deportation

• I have read the rest of this guide and know what strategy I will use if confronted by immigration or police officers
• I will not depend on CBSA to accurately inform me of my rights, and will ask for an interpreter or lawyer 
• I have a list of my prescriptions (including dosages) and the contact information of my doctor(s) (I understand the potential risks of sharing my medical information with CBSA)
• I will ask to talk to my legal representative before signing any travel document application or form CBSA asks me to sign related to my deportation (I understand the potential risks of asserting my right to counsel)

What are my rights if I am arrested or detained?

If you are arrested, you have the right to remain silent and the right to contact legal counsel, before answering any questions. The arresting officer may also tell you that you have the right to contact your home country’s embassy or consulate however, if you are at risk in your home country this might put you at further risk or impact your immigration status (including possibly speeding up removal). You may decline to contact your home country’s embassy (CBSA may ask you to sign a paper indicating that you declined). You can always get legal advice and contact your embassy or consulate later if that is best for your case. 

Your access to a phone may depend on which facility you are detained at (e.g. an immigration holding centre versus Provincial or Federal jail). At an immigration holding centre phone calls might be free, but at a jail you may be charged for calls, must call collect or may only be able to make calls during certain hours of the day. Your cell phone will be seized upon detention; however, you can request to access your phone to retrieve phone numbers or messages. 

CBSA has used silence as evidence of non-cooperation, and this could be a factor in detention reviews that might prolong your detention. 

If I am arrested, can CBSA search or take my belongings? 

CBSA has broad powers to search and seize belongings in your possession if doing so is required to comply with Immigration objectives or there are reasonable grounds to believe they were improperly or fraudulently obtained. CBSA should give you a form that outlines what documents were taken, the date and the reason for seizure (which could just be to comply with administration of the Act). If CBSA has reasonable grounds to believe documents are fraudulent or improperly obtained, they can seize them on that basis, and you may not be able to get these items returned. 

Can I be released after arrest without being sent to immigration detention? 

A CBSA officer can release you after arrest (and, even if you are sent to immigration detention, anytime before the first 48-hour detention review). You can attend your CBSA appointment with a potential bondsperson so that if you are arrested, you can reduce your risk of being detained. If you are arrested by CBSA, the arresting officer has the option to impose terms and conditions on you without sending you to detention. Sometimes the arresting officer will briefly detain you, including overnight, while arrangements are made for a release plan CBSA approves of. You and CBSA have up to 48 hours to negotiate the terms and conditions of your release if you are arrested. Common conditions on release include not working or studying without a permit and reporting changes of address to CBSA before you move. Conditions may also include reporting regularly in-person to CBSA. They will take your photograph and fingerprints (so if you weren’t in the system before, you will be in the system now). If you are asked to come to CBSA for an appointment and there is a risk of arrest, it is best to get legal advice beforehand. 

• ReportIn: CBSA is asking people to download and use the ReportIn mobile app. The use of this app is voluntary, and CBSA has to decide if you are eligible for this type of reporting. CBSA may tell you that you can no longer report by phone (without the app) and have to report in-person if you do not use the app. This app uses facial comparison software and geographic data to verify identity and location. Your location will be shared with the CBSA when you submit a report and could be shared if you don’t comply with your reporting condition (the app will know your location).

What happens if CBSA says I am not going to be released?  

If CBSA is not going to release you after arrest, you may be taken to an immigration holding centre (Toronto, Surrey or Laval) or a Provincial or Federal jail. Generally, if being detained with children, CBSA will hold you at an Immigration Holding Centre. You may be taken to a jail if there are criminal charges or convictions, although some people with medical conditions have also been held in jails rather than the holding Centre. CBSA may also hold people in jails due to lack of space in holding centres. As of 2023, all provinces except Ontario have cancelled their contracts to detain people in provincial jails. While the Ontario government initially made similar promises, in 2024 they extended contracts with provincial jail until at least September 2025 (including at the Maplehurst Correctional Complex in Milton, Ontario). Migrant advocates have indicated that people continue to be detained at the Toronto South Detention Centre (TSDC) in Etobicoke, Ontario, the Central North Correctional Centre (CNCC) in Penetanguishene, Ontario, and the Hamilton-Wentworth Detention Centre (HWDC) as well. In addition to ongoing detention of migrant people in Ontario jails, in June 2024 the Federal government changed Immigration laws to designate sections of Federal penitentiaries to be used for immigration detention (including the jail in Sainte-Anne-des-Plaines, Quebec). 

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

Resource	Contact info
Laval, Quebec Immigration Holding Centre Located approximately 30 km from the Montréal-Trudeau International Airport)	300 Montée Saint-François, Laval, Québec H7C 2S3 Open daily: 2:30 pm to 4:30 pm and from 7 pm to 9 pm Telephone: (450) 661-4267
Surrey, British Columbia Immigration Holding Centre  Located approximately 30 km from Vancouver International Airport	13130 76 Avenue, Surrey, British Columbia V3W 2V6 Visitor Information: Monday-Friday: 2 pm to 4 pm and 7 pm to 9 pm Weekend/Stat holidays: 10 am to 12 pm and 3 pm to 5 pm Telephone: (778) 591-4101
Toronto, Ontario Immigration Holding Centre (Rexdale)  Located approximately 8 km from Pearson International Airport	385 Rexdale Boulevard, Toronto, ON, M9W 1R9 Visitor Information: Daily: 9:30 am to 11:15 am, 1:30 pm to 3:15 pm, and 7 pm to 8:45 pm Phone number: (416) 401-8505

What happens to my children if I am detained?

If you’re in immigration detention but have children who are Canadian citizens, your children have a right to remain in Canada, but “their immigration status will NOT prevent your own deportation or detention.” You may be able to keep your children with you at an Immigration Holding Centre, but this is not possible if you’re detained in a Provincial or Federal jail. If you are not able to keep your children with you, and there is no one else to care for them, there is a risk they might be taken into custody of the Children’s Aid Society. If your children are in an immigration detention centre with you, “you can ask to have them released at any time if there’s someone who will care for them.” You could also argue that it is in your children’s best interests to be in your care and not be in detention with you (e.g. you should all be released or not detained in the first place). 

If your children are also non-status or out-of-status, they may be detained with you (although this is supposed to be a last resort and all alternatives to detention must be considered in the best interests of the child). It may be that your children’s best interests are to remain with you, but that does not mean in detention (e.g. it is in your children’s best interests that you are all released). 

What happens at a detention review hearing?

The Immigration Division (ID) of the Immigration and Refugee Board (IRB) will hold a detention review hearing within 48 hours of your detention. If you are not released at that hearing, you will automatically have another detention review hearing within 7 days of your detention. If you are still not released, you will automatically have detention review hearings every 30 days you remain in detention (you can also request an earlier review by writing to the ID). You have the right to counsel, an interpreter, disclosure of evidence from CBSA and the right not to testify at your hearing.  

Detention review hearings are conducted by a Member of the Immigration Division (ID). You, your legal representative (if you have one) and a representative for CBSA will be present at the hearing. If you do not have a legal representative at your hearing, tell the ID Member that you need one. The ID will also provide an interpreter if you (or any witnesses) need one. If you do not understand the interpreter or have any concerns, it would be important to say so as soon as possible during your hearing. 

It is CBSA’s job to show that there are valid grounds for your detention, and why you should continue to be detained. The grounds for detention may be that you are a “flight risk” (will not show up for an appointment or removal), CBSA considers you to be a danger to the public (e.g. have a criminal record), or that you have not established your identity (but it could be established). If there are no valid grounds for your detention, you should be released. If the Member finds that there are valid grounds for your detention, they must still consider whether you should be released including factors such as how long you have already been detained, the best interests of any child affected, and what alternatives there are to detention, including releasing you with conditions and/or a bondsperson. The ID may also consider delays or errors made by you and/or CBSA in deciding whether to continue detention. For example, CBSA may argue that your exercising your right to silence means that you have been “uncooperative” with efforts to try to remove you from Canada, and that should justify your continued detention. 

You cannot be made to testify at your detention review hearing. If you think there might be information you can provide that would help your case, you may choose to testify. But anything you say can also be used to justify your ongoing detention. You should discuss this with your legal representative before your hearing and decide what is best in your circumstances.

How can I get a lawyer for detention review hearings if I can’t afford one?

If you can’t afford a lawyer, you may be able to get a lawyer through the Immigration Detention Representation Program (IDRP) of Legal Aid Ontario (LAO). Lawyers from the Refugee Law Office (RLO) in Toronto, Hamilton and Ottawa, or private bar lawyers on a roster with the IDRP represent people at the 48-hour hearing, as well as any other hearings if they remain in detention. 

If you are being detained, the CBSA officer may ask you if you need a lawyer. Say yes even if you think you already have a lawyer. This is because CBSA will provide a list of people to the Immigration Division (ID) in advance of detention review hearings. If  you are in Ontario, the ID will let the Legal Aid Ontario detention representation program know who needs a lawyer, and someone from the program will contact you if you are on the list. Do not rely on CBSA to provide you accurate information or advice about your legal rights. If they do not ask you about legal representation, tell them you need a lawyer. 

Another reason why it is important to say you need a lawyer and get on the list is because some lawyers may help with an immigration application (such as humanitarian and compassionate), but they will not do the detention review. So, even if you think you have a lawyer, tell CBSA that you need one, so you get on the list for the IDRP program. While you are waiting for the IDRP lawyer to contact you, you can check with your lawyer if they will do the detention review hearing or not (you can also ask the lawyer if they will take legal aid or if you will need to pay privately for their help with the detention review if they do not take legal aid).  

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

Resource	Contact info
Hamilton Refugee Law Office	110 King Street West Suite 780 Hamilton L8P 4S6 Telephone: 905 528 0134 Toll-free: 1 877 449 4003 *Ask for an interpreter
Ottawa Immigration & Refugee Law Office (part of Ottawa Integrated Legal Services Office)	275 Slater Street Suite 1101 Ottawa K1P 5H9 Telephone: 613 569 7448 *French language services available, and can ask for an interpreter for other languages
Toronto Refugee Law Office	20 Dundas St. West, Suite 730 Toronto, ON M5G 2H1 Telephone: 416 977 8111 *French language services available, and can ask for an interpreter for other languages
Legal Aid Ontario (General Line)	1-800-668-8258 between  9 a.m. and 5 p.m., Monday to Friday

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

Who can be a bondsperson?

A bondsperson is someone who can demonstrate that they know you personally, is a Canadian citizen or permanent resident (living in Canada) and is over 18-years old. The Immigration Division and/or CBSA will question them to see if they are someone who can ensure that you will follow the conditions of your release, including leaving Canada if ordered deported. They may be asked to pay a deposit (cash bond) and/or sign a promise to pay in the future if you breach any conditions of release (performance bond). There is no fixed amount for the bond (it will depend on the circumstances and the bondsperson’s income and/or assets). The money for the bond must come from the bondsperson themself (you cannot pay your own bond). There may be other conditions imposed, such as living with the bondsperson after release from detention. It would be very important for you and/or your lawyer to speak to the bondsperson beforehand to make sure they know what is required (because they will be asked questions by the Immigration Division and/or CBSA to assess whether they are suitable). 

If a bondsperson paid a cash bond, they would have to apply to CBSA to get their money back once the conditions of release have been satisfied (usually when you are landed as a permanent resident of Canada). The bondsperson will lose their cash bond or be required to follow through on the performance bond if you breach any of your conditions of release. 

If your relationship with your bondsperson breaks down, or the bondsperson thinks they can no longer fulfil their obligations, they may contact CBSA or apply to the Immigration Division to remove themselves as a bondsperson. There is a risk of detention if you do not put forward a suitable alternative to detention at that time.  

If you are already in detention and do not have any individual who can be a bondsperson, it may be possible to get an organization to agree to supervise your release. CBSA currently has partnerships with the Toronto Bail Program, the John Howard Society and the Salvation Army to supervise eligible migrants upon release from detention. However, not everyone qualifies for these programs and these options come with many conditions. It is important to understand your rights and obligations before entering into an agreement with an organization that has an agreement with CBSA to provide supervision services. If you have a close relationship with another organization (such as a church or community centre), it might be best to find out whether an individual at that organization might be willing to act as your bondsperson (i.e. rather than the organization trying to enter into an agreement with CBSA). Please get legal advice about your options to make sure you understand all of the potential benefits and risks before presenting a release plan to CBSA or Immigration Division or signing any document.