Legal and Policy Infrastructures of Returns in Canada - Country Dossier (WP2)

This report examines the legal and institutional frameworks, operational infrastructure, and international cooperation involved in the removal of inadmissible foreign nationals and rejected refugee protection claimants from Canada. The analysis highlights that the Canadian return policy pursues two objectives: (1) facilitate the arrest, detention, and removal of foreign nationals, notably those who would pose a security risk; (2) safeguard the human rights of foreign nationals and refugee protection claimants. The first objective stems from the post9/11 political context dominated by security concerns in which the contemporary Canadian return policy has been constructed. The second objective is epitomized by the need for the Immigration and Refugee Protection Act to be applied in a manner consistent with the Canadian Charter of Rights and Freedoms and the international human rights instruments to which Canada is signatory. However, the indefinite administrative detention of foreign nationals for noncriminal purposes, including in provincial jails, suggests tensions between the two objectives. The report also indicates that the Canadian return governance landscape consists of policy and operational responsibilities borne by the federal government and
agencies, which are monitored by administrative tribunals and federal and provincial superior courts, and involve NGOs and international actors. The report outlines the gaps in the Canadian return policy that threaten the human rights of foreign nationals and refugee protection claimants, highlight the operational difficulties in tracking the status of removal orders, and reflect the lack of cooperation of some countries of origin. Finally, the report develops two policy suggestions to protect foreign nationals’ human rights: (1) setting a maximum period of detention for noncriminal purposes in accordance with international human rights standards and (2) establishing an independent oversight body to monitor the arrests, detentions, and removals of foreign nationals by the Canada Border Services Agency.