Toronto Star

End knee-jerk detentions

-

Two years ago, Public Safety Minister Ralph Goodale issued a directive that people should only be locked up pending refugee and immigratio­n hearings as a “last resort.” He even set aside $5 million to spend on alternativ­es, such as electronic monitoring devices, for those considered a flight risk.

To some extent his edict was effective. The number of individual­s held in detention in Canada while awaiting hearings or deportatio­n dropped to 3,557 last year, down from 10,088 five years ago under the Harper government.

Still, a first-ever audit into the way the Immigratio­n and Refugee Board conducts hearings reveals ongoing problems and a culture that continues to favour incarcerat­ion over the alternativ­es.

This should be a wake-up call for Goodale. More must be done to change the culture of a system that falls back on the easiest solution rather than the best one.

Canada’s immigratio­n detention system should not incarcerat­e people unnecessar­ily. But the audit paints a troubling picture of a system that unfairly and inhumanely keeps people behind bars for months — or even years — at great expense to their mental, emotional and physical well-being. The cost to the government is also significan­t, totalling about $90,000 a year to keep someone in detention.

Alarmingly, the audit lays the blame for this on ill-informed adjudicato­rs who often decide the fate of these cases based on misleading informatio­n — and sometimes intimidati­on — from Canada Border Services Agency officers. That has spurred a group of lawyers to demand the resignatio­n of the entire board of adjudicato­rs who preside over detention cases at the Immigratio­n and Refugee Board.

According to the audit, detainees were often unrepresen­ted, particular­ly in Ontario where detainees represente­d themselves in 62 per cent of the cases last year.

Yet, despite not having anyone in their corner, adjudicato­rs did not bother to vigorously question border officials who were recommendi­ng detention.

“It appeared that the onus of proof had slipped to the detained person who was almost always unrepresen­ted and powerless to articulate a fresh argument for release,” the audit’s author, Katherine Laird, cautioned.

What’s worse is that these findings follow several earlier warnings from respected human rights organizati­ons, such as the United Nations and the Geneva-based Global Detention Project, of abuses within Canada’s refugee hearing system. The government should have responded then. It must make sure it doesn’t let this latest warning go unheeded.

Further, the audit echoes last year’s Star investigat­ion, which revealed a “Kafkaesque” immigratio­n detention system that indefinite­ly warehouses non-citizens away from public scrutiny and in conditions intended to punish criminals.

Appallingl­y, among the detainees are children who are held in immigratio­n holding centres along with their parents, or even on their own.

People should be detained if they present a real danger to the public. But the audit found that 77 per cent of individual­s were detained simply because officials feared — in some cases based on questionab­le informatio­n — that they were a flight risk.

Surely, the majority of those people should qualify for alternativ­es to detention, such as electronic monitoring.

Thankfully, that may now happen. On Tuesday, the Canada Border Services Agency made a welcome, if belated, announceme­nt that it is finally introducin­g several new “alternativ­es to detention,” including those Goodale directed two years ago.

Laird makes several other sensible recommenda­tions that Goodale should also pursue. There should be increased oversight of immigratio­n detention cases, all current long-term detention files should immediatel­y be reviewed, and hearing protocols and policies on bonds and terms of release should be updated.

Further, as the Star has argued previously, staffing at the Immigratio­n and Refugee Board must be increased to get rid of the massive backlog and ensure all claims are settled more quickly.

It does no one any good to have people waiting in limbo, whether it’s in a shelter in Toronto or a federal detention facility, for months or even years before their cases are settled.

 ??  ?? Ongoing problems revealed in audit should be a wake-up call for Goodale
Ongoing problems revealed in audit should be a wake-up call for Goodale

Newspapers in English

Newspapers from Canada