Canada Border Services Agency (CBSA) officers carry out arrests, detentions and removals of individuals who are not permitted in Canada.
A CBSA officer may issue a warrant for the arrest and detention of a permanent resident or foreign national if the officer has reasonable grounds to believe the individual is inadmissible under the Immigration and Refugee Protection Act and:
Poses a danger to the public; or
Is unlikely to appear for an examination, an admissibility hearing, a removal from Canada or at a proceeding that could lead to the making of a removal order by the Minister’s Delegate; or
Cannot prove their identity to the satisfaction of the officer; or
Is part of an irregular arrival as designated by the Minister of Public Safety and Emergency Preparedness.
Immigration law allows for the arrest and detention of foreign nationals without a warrant.
In all cases, the Canadian Charter of Rights and Freedoms requires that the arresting officer inform the arrested individual of:
The reasons for their arrest;
Their right to legal representation; and
Their right to notify a representative of their government that they have been arrested.
CBSA officers can detain a foreign national or permanent resident at a port of entry if:
It is necessary to complete an examination; or
There are reasons to believe that the person is inadmissible on grounds of security, violating human or international rights, serious criminality, criminality or organized criminality.
Reasons for continuing detention may be found in the Immigration and Refugee Protection Regulations. If the officer believes that better alternatives to detention exist, the officer may instead exercise their authority to offer release on conditions.
Removing individuals who do not have the right to enter or stay in Canada is essential to maintaining the integrity of Canada’s immigration program and to ensuring fairness for those who come to this country lawfully.
If you receive a Removal Order you cannot legally remain in Canada and must leave the country. Depending on your situation, your removal order may be effective immediately, or after a negative decision if you had made an appeal.
Calver and Associates is a leading provider of Canadian Immigration services in Durham Region. We serve clients in Oshawa, Whitby, Ajax, and beyond. Our Registered Canadian Immigration Consultant has over 10 years of experience in Canadian Immigration law and over four years of experience serving those in the Oshawa area.
We can provide assistance with applications for both temporary and permanent residency in Canada. We handle applications for study permits, permanent residency, family class sponsorship, visitor visas, work permits, and Canadian citizenship. We also handle criminal inadmissibility cases by developing remedies for refusal.