Canada’s immigration detention system disproportionately impacts individuals from African and Caribbean countries, according to a newly released study. The research, compiled by lawyers and academics from the University of British Columbia, reveals stark disparities in detention lengths, with those from African and Caribbean nations facing significantly longer periods of confinement.
The study analyzed data from the Canada Border Services Agency (CBSA) and included interviews with 50 detainees, their legal representatives, and service providers. Findings show that while the average immigration detention in 2019 lasted two weeks, a striking 68 percent of those detained for 270 days or longer identified as being from African countries or the Caribbean. This disparity raises serious questions about systemic biases within the Canadian immigration system.
The report highlights a critical issue: Canada is among a small number of Western nations that does not impose time limits on immigration detention. This lack of a statutory cap allows for prolonged detention, particularly affecting individuals from specific regions. The findings come as immigration enforcement is increasingly scrutinized, and as the federal government has signaled its intent to ramp up enforcement efforts, according to the report.
Canada Border Services Agency figures from 2019 show 68 per cent of those detained for 270 days or longer were from African countries or the Caribbean, according to a new study.DARRYL DYCK/The Canadian Press
Disparities in Detention and Concerns Over Racial Bias
The study’s authors found that racialized individuals, and Black men in particular, experience the harshest conditions within the immigration detention system and encounter systemic barriers to fair treatment and timely release. While the CBSA collects data on country of origin, it does not track race, a gap the report identifies as hindering efforts to address potential discrimination. Researchers argue that country of origin is not a reliable indicator of race, rendering issues of discrimination largely invisible.
Interviews conducted for the study revealed firsthand accounts of racism experienced by detainees. Lawyers reported that their clients were disproportionately Black, and some described instances of clients being subjected to racial epithets by prison guards or facing heightened scrutiny during bond proceedings. Prasanna Balasundaram, a co-author of the report and director of legal clinic Downtown Legal Services at the University of Toronto, stated, “For virtually every sort of individual that we interviewed … there was a consensus that race and racism played a factor in the way in which the system operated.”
Detention Trends and the Role of Credibility Findings
Data obtained by Amnesty International and Human Rights Watch through freedom-of-information requests corroborate the study’s findings. In 2019, the majority of detainees held for a month or longer were from African and Caribbean countries. However, publicly available data from the CBSA and the Immigration and Refugee Board indicate a recent decline in the overall number of people held in immigration detention, with most detainees now released within 30 days.
Despite this decline, nearly 60,000 people, including hundreds of children, have been placed in immigration detention over the past decade. The CBSA detains non-citizens, including permanent residents and foreign nationals, who are deemed inadmissible to Canada, based on factors such as public safety risk or flight risk. However, the study reveals that fewer than 10 percent of detainees over the past decade were arrested due to concerns about public safety or serious criminality.
A significant proportion – around 80 percent – were held because border agents deemed them unlikely to appear at future immigration proceedings. Nana Yanful, a Toronto-based lawyer and report author, explained that these determinations often rely on “credibility findings,” where “bias can creep in.”
Alternatives to Detention and Calls for Reform
The report emphasizes that Canada has established alternatives to detention for non-citizens suspected of immigration violations. Efrat Arbel, an associate professor at the University of British Columbia Allard School of Law, questioned the necessity of prolonged detention when public safety is not at risk, stating, “If there is no threat to public safety, why are people being deprived of liberty in these onerous conditions of confinement for indeterminate amounts of time?”
The study suggests that Black and racialized non-citizens are more likely to be funneled into the detention system due to pre-existing experiences with discrimination, such as disproportionate traffic stops. This connection highlights the broader societal factors that contribute to disparities within the immigration system. A recent case before the Supreme Court of Canada, weighing road safety against racial profiling in “driving while Black” cases, underscores the ongoing legal scrutiny of racial bias in law enforcement.
Currently, the CBSA is the only major law-enforcement agency in Canada without independent civilian oversight. While Ottawa passed a bill in 2024 to establish such a body, it has yet to be implemented. This lack of oversight is particularly concerning given the federal government’s stated intention to increase immigration enforcement, according to Ms. Yanful.
The report as well notes the challenges detainees face in challenging detention-review decisions and accessing legal representation, particularly due to varying levels of legal-aid funding across provinces.
Recommendations for Systemic Change
The study proposes several recommendations for reform, including a national, independent review of the immigration detention system, the public release of disaggregated data on race in immigration detention, expansion of alternatives to detention programs, and a gradual abolition of detention as a tool of immigration enforcement. These recommendations aim to address the systemic biases and ensure fairer treatment for all individuals navigating the Canadian immigration system.
The next step in addressing these concerns will be the establishment of independent civilian oversight for the CBSA, a process initiated by the 2024 bill but still awaiting implementation. Continued scrutiny and advocacy will be crucial to ensure meaningful change and address the disproportionate impact of immigration detention on individuals from African and Caribbean countries.
This issue demands ongoing attention and dialogue. Share your thoughts and experiences in the comments below.
