Get legal representation
If you are detained, ask to speak to a legal representative. How easily you can get one depends on where you are in Canada. In some areas:
- You may receive free legal representation from duty counsel (a lawyer or a paralegal) at your hearings.
- You may get a legal representative through a provincial legal aid program if you qualify.
- You can hire a private lawyer or immigration consultant.
- You can also choose to have an unpaid representative such as a family member.
- You can represent yourself.
If you have a legal representative for your detention review hearings, the same person might not also represent you for your refugee claim.
Contacting people
It can be difficult to talk to people who are outside the Immigration Holding Centre where you are detained.
In the Holding Centres, you cannot use the internet or your own cell phone unless CBSA gives you permission. You can make free calls within Canada. You may need a prepaid international calling card to call another country.
Get information
You can ask to speak to a CBSA officer for more information about the steps ahead. Your legal representative can also give you important information.
There are Non-Governmental Organizations (NGO) who support detained people. They may be able to visit you and give you information about your situation. Ask a CBSA officer or your legal representative if you can speak to an NGO.
Visitors
You may be able to have visits from friends, family members, or others. Visiting hours and conditions will vary.
Security measures
The Holding Centres are staffed by security guards who enforce the rules and watch over you.
Being detained can be a very difficult experience. It will seem like a prison and you will not have basic freedoms. Handcuffs, shackles, and other restraints may be used when you are outside the facility (for example, for outside medical appointments).
Children
If you are in Canada with your children, they may be held in a centre with you. If you are separated from your children or other family members, tell your legal representative and get help from an NGO.
Make a complaint
If you have a complaint about your treatment, you can complain to CBSA. Any discussions you have may come up again at your hearings. It is important to get legal advice or get information from an NGO.
Your rights
While you are detained, you have the right to:
- Be told why you are detained.
- Have access to a CBSA officer.
- Hire a legal representative to act for you.
- Get legal aid if you qualify. You will be told about the legal aid services available to you. You may also get a friend or a member of an organization to represent you without a fee.
- Contact your country’s embassy or consulate. If you are making a refugee claim, you should not do this without first getting legal advice. You can ask that the United Nations High Commissioner for Refugees (UNHCR) in Canada be contacted.
- Contact NGOs who may support you.
- Get an interpreter if you do not understand or speak English or French.
- Get medical attention.
- Practice your religion.