The Protecting Canada’s Immigration Systems Act of 2012 increased the Canada Border Services Agency (CBSA) powers to detain, interrogate and deport immigrants and refugee claimants.
This act authorizes border agents who suspect inadmissibility to detain the person(s) attempting to enter Canada. The agent then has 48 hours to prove to the Immigration and Review Board that the immigrant or refugee presents a flight risk, threatens public safety, may be travelling under a false identity or has arrived by “irregular” means. If the Immigration and Review Board is convinced, the person(s) may be detained for up to one year before a hearing.
Recently, the United Nations has criticized the CBSA’s treatment of detained immigrants and asylum seekers, bringing light to the abilities of the CBSA. Known to initiate vehicle checks and immigration status checks at entry ports, the CBSA also only has 1 non-prison holding facility located in British Columbia. Though without convicted felons, the complex is notorious for disallowing visits between detainees and attorneys. Otherwise, the CBSA detains suspect individuals in 40 detention facilities across Canada. Approximately 20,000 adults and children were detained in the past 2 years, and most people are held for an average of 3 weeks.
This harsh reality makes clear that following immigration policies and procedures put in place by Citizenship and Immigration Canada (CIC) is extremely important. No detail can be overlooked. Did you know that if you want to temporarily enter Canada but you have a previous criminal offence, you may be criminally inadmissible. If you are planning on entering Canada:
For a business trip,
For a vacation,
To visit family/ friends,
With plans to settle, or
To study or work,
You may need to fulfill some requirements set out by CIC before doing so. Don’t arrive at the border empty handed!
You can find out if you are considered criminally inadmissible at https://www.canadianimmigration.net/criminality-and-inadmissibility/criminal-inadmissibility.html.
FWCanada is a Montreal-based immigration law firm that provides professional legal services on Canadian immigration. For more tips and updates on Canadian immigration follow FWCanada on Facebook, Twitter, and Linkedin.
