Toronto Star

Lawyers join anti-detention campaign

Move follows the lead of health-care workers in push to end immigratio­n detention

- NICHOLAS KEUNG IMMIGRATIO­N REPORTER

Ontario lawyers are calling on the province to end the “arbitrary and punitive detention” of migrants held in provincial jails for violating the country’s immigratio­n laws.

The move follows a similar effort by doctors, nurses and health-care profession­als in an open letter to Ontario Community Safety and Correction­al Services Minister Yasir Naqvi, after a string of recent deaths involving immigratio­n detainees.

“The concern we have is that people are being detained and transferre­d to facilities for people punished for criminal offences for the convenienc­e of CBSA (Canada Border Services Agency),” said University of Toronto law professor Audrey Macklin, one of more than100 refugee lawyers in Ontario who signed the petition sent to Naqvi’s office last Wednesday.

“These people have not committed any crime.

“One of the reasons they give to transfer them is because of their mental-health problems, and we know putting people with mentalheal­th problems in jail is going to make them worse.”

CBSA transfers detainees from its holding centres to provincial jails if they pose a danger to others, have physical and mental-health needs or are unlikely to qualify for early release.

“We are gravely concerned that there are no public laws or regulation­s governing when and in what circumstan­ces an immigratio­n detainee can be transferre­d to, and incarcerat­ed in, a provincial jail,” said the three-page letter, signed by lawyers and academics in refugee and immigratio­n laws.

In a written statement, Naqvi did not respond directly to the petitioner­s’ demand but said the province is committed to ensuring all inmates are treated fairly and respectful­ly, by hiring 2,000 additional officers and 32 new mental-health nurses in its correction­al facilities.

“More staff means fewer lockdowns, more regular and consistent programmin­g, more access for health-care and mental-health supports, and improved safety and security for both staff and inmates,” Naqvi said.

“I look forward to working with all our community safety and correction­s partners and the federal government to make sure our system is one that respects the rights of individual­s, keeps our communitie­s safe and reflects the values of Ontarians and Canadians.

In May, an Ontario judge awarded $85,000 to two inmates, including an immigratio­n detainee, at Maplehurst Correction­al Complex in Milton, saying their charter rights were violated in frequent staffing-related lockdowns.

Federal Public Safety Minister Ralph Goodale, whose mandate covers the CBSA, has said he will review the operation and improve scrutiny of the border enforcemen­t agency.

“It is unclear of the criteria of the immigratio­n detainees’ transfers to provincial jails and we are concerned about the arbitrarin­ess of how these decisions are made,” said Macklin.

“When people are subject to both the federal and provincial jurisdicti­on, they just fall through the cracks and no one takes responsibi­lity.”

The signatorie­s on the latest petition, including former Immigratio­n and Refugee Board chair Peter Showler, urge Ontario to end its agreement with Ottawa to hold immigratio­n detainees in provincial jails and immediatel­y stop accepting transfers of people with physical and mental illnesses.

Since March, at least three immigratio­n detainees have died in custody in provincial jails, including 39year-old Chilean, Francisco Javier Romero Astorga, at Maplehurst Correction­al Complex, and Melkioro Gahungu, 64, a Burundian detainee at Toronto East Detention Centre. Earlier this month, a 24-year-old man died at the Edmonton Remand Centre.

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