While the bulk of immigration detainees are held in one of three immigration holding centres, lengthy and indefinite detention of stateless persons also occurs in provincial correctional facilities despite the fact that many immigration detainees, like Boris, have no criminal record or charges pending. Removal is also complicated for stateless persons leading to prolonged detention. In a 2017 Federal Court decision dealing with a permanent application on humanitarian and compassionate grounds, the judge recognized that the person’s statelessness condition did not facilitate removal despite efforts from the government to deport him to “any country that will authorize his entry within a reasonable time.”77 In this case, the court recognized hardships experienced by stateless persons, such as the impossibility of removal and indefinite detention. Stateless persons without any immigration status are at risk of prolonged detention, during the process of immigration enforcement while authorities attempt to determine their identities, and should a removal be ordered, obtain travel documents in order to execute that removal order. The practice of immigration detention in jails is particularly of concern as many stateless persons have not committed a criminal offence. According to international human rights law, mechanisms to identify nationality should be established in order to avoid arbitrary and long-term detention and to comply with articles 3 and 9 of the Universal Declaration of Human Rights (UDHR) and article 9 of the International Covenant on Civil and Political Rights (ICCPR). 3.5.2 Reporting to CBSA Stateless persons without any residency status are often required to report regularly to CBSA. Despite expressing the desire to cooperate with Canadian authorities, many participants noted that reporting makes them feel like criminals, and is a significant source of stress. “I am doing reporting every two months as a criminal.” [Nirsan] “I was released because they couldn’t find anywhere to send me. They got rejection from [my home country] and they got a rejection from the States. What they call indefinite detention, based on that they let me sign myself out. Under the terms, I have to attend to CBSA to sign-in, first it was every month and now it’s every other month. It’s something you have to constantly think about, this is the day I have to go and sign-in. I am fearful if I ever forget. They can come arrest me at any time because I missed it.” [Katerina] Several participants noted the irony of having to report to the CBSA to prove they have remained in Canada, despite their lack of identity and travel documents, which would not allow them to travel anywhere. “[I] report every three months to immigration office. It makes you feel as a wanted criminal. You have to go every now and then saying I haven’t run away. It doesn’t feel good at all. You just go there stand in front of officer, okay your name, your number, your location, you are working where now, your home address. You know, they know he cannot travel anymore. He doesn’t have 77 Abeleira v Canada (Immigration, Refugees and Citizenship), 2017 FC 1008. 28

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