Detention and Removal in Canada
Reviewed by the Commoner Law Editorial Team. Sourced from Canadian federal statutes and official sources. Provincial information reflects each province's own legislation and court rulings. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
Immigration detention is permitted under IRPA on three statutory grounds: identity in doubt, flight risk, or danger to the public. Those are the levers CBSA uses.
The procedural protection that makes detention bearable is the review schedule: 48 hours for the first review, then again at 7 days, then every 30 days. Hearings sit before the Immigration Division of the IRB. The Supreme Court's Charkaoui ruling (2007) made clear that indefinite detention without meaningful review violates s. 7 of the Charter.
Removal comes in three shapes — and the consequences are very different:
- Departure order — you may return to Canada later if you leave on time.
- Exclusion order — barred for 1 year (or longer for misrepresentation).
- Deportation order — permanent bar unless you obtain an Authorization to Return to Canada (ARC).
You have the right to counsel at every hearing, and section 7 of the Charter is the constitutional floor.
When does it apply?
- You're a foreign national or permanent resident facing enforcement action.
- You've been detained by CBSA.
- You've received — or are facing — a removal order.
What to Do If You Are Detained by Canadian Immigration Authorities
- Ask for a lawyer immediately. Counsel is your right at every hearing.
- Show up to every detention review with a release plan: surety, fixed address, and conditions you can comply with.
- Know which removal order you're facing. Departure, exclusion, and deportation are very different orders with very different consequences.
- If returning would put you in danger, apply for a Pre-Removal Risk Assessment (PRRA).
- If you have an active application or another reason for delay, file a stay of removal.
What should you NOT do?
- Don't miss a detention review. Continued detention may be ordered without you in the room.
- Don't ignore a removal order. Once it's enforceable, CBSA acts.
- Don't leave Canada without proper paperwork if you're under removal — it can convert your order from departure to deportation.
- Don't go silent on your lawyer. Stay reachable.
- Don't refuse identity verification. It hands the Immigration Division the strongest reason to keep you in.
Common Questions
When does detention and removal apply?
You're a foreign national or permanent resident facing enforcement action.You've been detained by CBSA.You've received — or are facing — a removal order.
What should I do if I'm detained by the CBSA or facing a removal order in Canada?
Ask for a lawyer immediately. Counsel is your right at every hearing.Show up to every detention review with a release plan: surety, fixed address, and conditions you can comply with.Know which removal order you're facing. Departure, exclusion, and deportation are very different orders with very different consequences.If returning would put you in danger, apply for a Pre-Removal Risk Assessment (PRRA).If you have an active application or another reason for delay, file a stay of removal.
What mistakes should I avoid with detention and removal?
Don't miss a detention review. Continued detention may be ordered without you in the room.Don't ignore a removal order. Once it's enforceable, CBSA acts.Don't leave Canada without proper paperwork if you're under removal — it can convert your order from departure to deportation.Don't go silent on your lawyer. Stay reachable.Don't refuse identity verification. It hands the Immigration Division the strongest reason to keep you in.