The Canadian System of Immigrant Detention
Enforcing Immigration Restrictions and Imprisonment
Aug 25, 2009
One of the most controversial aspects of globalization is undoubtedly the management of international immigration. One would probably say that immigration is a very old phenomenon and not a new challenge, but its nature has changed greatly in the last 20 years. How else could we explain the increased border restrictions and the appearance of prison-like immigrant detention centers? Canada, although a country that respects diversity and welcomes immigrants from all over the world, is increasingly using this kind of facilities to protect itself from unwanted foreigners.
Restrictive Attitudes towards Immigrants
Canada's immigration system has gradually become more restrictive since the 1990's and more so since the 9/11 terrorist attacks in the United States. The Immigration and Refugee Protection Act (IRPA) was passed by the Canadian Government in 2001, expressing increased protective measures against terrorist acts. Pressure from the United States to implement a more restrictive immigration system was also a factor contributing to the new system of immigration regulations. As writer Anna Pratt describes in her book Securing Borders: Detention and Deportation in Canada this new set of immigration rules became "an important part of Canada’s much needed anti-terrorist, national security arsenal".
The Special Advocate Clause
In 2007, the Supreme Court of Canada, in the case of Charkaoui v. Canada (Citizenship and Immigration), ruled that some elements of the 2001 IRPA concerning the detention of foreigners and permanent residents were not in accordance with the Canadian Charter of Rights and Freedoms. The Canadian Government amended the law by introducing a revised security certificate system that employs "Special Advocates", who can review the evidence against a person, but are not allowed to share the information with the accused individual. Amnesty International has criticized the confidentiality clause specified for the use of Special Advocates, considering that the process will continue to be seriously flawed as long as the advocate will not be able to properly protect the interests of the individuals they represent.
There are four national immigrant detention centers in Canada: Toronto, Montreal (Laval), Vancouver, and Kingston. Only the first three are used to detain people on immigration charges, while the Kingston Immigration Holding Center (KIHC) is used to confine people who are considered threats to national security under the security certificates regulations. Originally there were three detainees at KIHC, with the last one of them, Hassan Almrei, being released on bail in early 2009 when a judge ruled that 8 years is too long to detain someone without a trial. Almrei was placed under house surveillance in Mississauga. It is estimated that the electronic equipment used for his surveillance costs the taxpayers more than 500,000 Canadian dollars per year.
Protecting the Borders and the Citizens
The more restrictive policies employed by Canadian officials are new in the light of the anti-terrorist discourse. However, they also spring from the effort to preserve national sovereignty and to protect its citizens. To prove this point it is enough to look back in time, more precisely in 1947, when Prime Minister Mackenzie King said: I wish to make it quite clear that Canada is perfectly within her rights in selecting persons whom we regard as desirable future citizens. It is not a "fundamental human right’ of any alien to enter Canada. It is a privilege. It is a matter of domestic policy". Even if Canadian politicians are more careful with their statements nowadays, a careful look at the immigration strategies would most probably reinforce Mackenzie's statement.
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