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.
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