We explore one of the most complex and under-examined areas of Canadian immigration law: immigration detention—and the role that race and systemic bias may play within it.
Topics discussed include the legal grounds for immigration detention, why race-based data is largely unavailable in Canada, evidence suggesting disproportionate detention of Black men, the interplay between immigration, policing, and the criminal justice system, how discretion and lack of oversight may allow systemic issues to persist, the reality that Canada has no time limits on immigration detention, and practical recommendations for reform, including independent oversight and better data collection.
Efrat Arbel is an Associate Professor at the University of British Columbia Allard School of Law. Her work focuses on the law and policy of immigration detention, refugee protection, and border governance.
Prasanna Balasundaram is the Director of Downtown Legal Services at the University of Toronto.
Nana Yanful is a lawyer based in Tkaronto/Toronto who is deeply committed to advocating for racial justice, state accountability, and human rights in her legal and community work.
We discuss their paper Race and Racism in Canada's Immigration Detention System.
https://commons.allard.ubc.ca/cgi/viewcontent.cgi?article=3835&context=fac_pubs
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