Detention and Removal
Written in plain language for general understanding. This is educational content, not legal advice. Based on Canadian federal statutes and official sources.
What is this right?
The government can detain someone for immigration reasons if their identity is in doubt, they are considered a flight risk, or they are seen as a danger to the public.
If you are detained, your case must be reviewed within 48 hours, then again at 7 days, and then every 30 days after that. These hearings are held by the Immigration Division of the IRB.
There are three types of removal orders: a departure order (you can return to Canada later), an exclusion order (banned for 1 year), and a deportation order (banned permanently unless you get an Authorization to Return to Canada, or ARC).
You have the right to a lawyer at all hearings. Section 7 of the Canadian Charter protects your rights to life, liberty, and security of person.
When does it apply?
- You are a foreign national or permanent resident facing immigration enforcement.
- You have been detained by the Canada Border Services Agency (CBSA).
- You have received a removal order or are facing one.
What should you do?
- Request a lawyer immediately — you have the right to legal counsel at every hearing.
- Attend all detention review hearings and present a plan for release (a surety, a fixed address, and willingness to comply with conditions).
- Understand your removal order type — the consequences differ significantly between departure, exclusion, and deportation orders.
- If you face danger in the country you're being sent to, apply for a Pre-Removal Risk Assessment (PRRA).
- Apply for a stay of removal if you need more time or have an active application.
What should you NOT do?
- Don't miss detention review hearings — your continued detention may be ordered without your input.
- Don't ignore a removal order — once it becomes enforceable, CBSA can act on it.
- Don't leave Canada without proper documentation if you are under a removal order.
- Don't lose contact with your lawyer — stay reachable and responsive.
- Don't refuse to cooperate with identity verification — it can be used as grounds to continue your detention.
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