Canada: Abuse and Discrimination Against Persons Detained for Immigration Reasons

(Ottawa, June 17, 2021) – The Canada detains thousands of people each year for immigration-related reasons, including people with disabilities, and often in abusive conditions, Human Rights Watch and Amnesty International said today in a joint report, a few days before World Refugee Day on June 20.

This 100-page report, titled “I Didn’t Feel Like a Human Being: The Detention of Migrants in Canada and Its Impact on Mental Health” (full report in English, summary and recommendations in French), establishes that migrants in detention, including those who have fled persecution to seek protection in Canada, are regularly handcuffed, shackled, searched and locked up with limited or no access to the outside world. Their release date is not defined, this detention can last for months or even years. Many migrants are held in provincial prisons, alongside the general prison population, and are often placed in solitary confinement. In addition, people with psychosocial disabilities face discrimination throughout the process.

« Canada’s immigration detention system and its abusive practices stand in stark contrast to the multiculturalism and values ​​of equality and justice for which Canada is known around the world. ”Said Ketty Nivyabandi, Secretary General of Amnesty International English-speaking Canada. ” Amnesty International and Human Rights Watch call on Canadian authorities to end inhumane treatment of people in immigration and refugee protection system by phasing out immigration detention in Canada. »

The researchers drew on 90 interviews with people who have been detained for immigration reasons and their families, mental health specialists, academics, lawyers, members of civil society and government officials. They also reviewed various relevant reports and United Nations documents, as well as non-public official documents obtained after filing 112 access to information requests.

Canada’s immigration detention system and its abusive practices stand in stark contrast to the multiculturalism and values ​​of equality and justice for which Canada is known around the world.

Although detained for non-criminal reasons, migrants often experience the most restrictive conditions in the country; some are in particular incarcerated in maximum security establishments and placed in solitary confinement. They are handcuffed, shackled, searched and locked in tight spaces subject to strict routine and constant surveillance.

« It was the end of the world for me. Nobody explained to me what was going on, what I had done wrong “, Reported a woman from Africa, detained upon arrival in Canada in 2019.” I told [à la garde frontalière] everything that had happened to me in my country, and how I had fled to survive … But she did not understand me, and she did not let me explain to her … I then said to myself that I might have done better to stay there and die there. »

From April 2019 to March 2020, Canada incarcerated 8,825 people aged 15 to 83, including 1,932 people in provincial prisons. During the same period, 136 children, including 73 under the age of 6, were placed in detention so as not to be separated from their detained parents. Human Rights Watch and Amnesty International found that, since 2016, Canada has held more than 300 migrants in detention for more than a year.

« Canada prides itself on being a welcoming land for refugees and newcomers as it is one of the few countries in the northern hemisphere where those seeking safety risk to be locked up for an indefinite period », Remarked Samer Muscati, Deputy Director of the Rights of Persons with Disabilities Division at Human Rights Watch. ” Many do not know for sure when they will be released, or even be able to hope for it, and it can have devastating effects on their mental health.. »

The two NGOs found that people with psychosocial disabilities were more likely to be placed in provincial prisons than in immigration control centers. In Ontario provincial prisons, they are often held in solitary confinement. They are not always authorized to make independent legal decisions, with representatives appointed by the courts to make all decisions for them. Many of them also face serious obstacles in obtaining their release and, when released, they must adhere to particularly strict release conditions, which, in the event of a violation, may lead them to be re-arrested. .

« In summary, the immigration authorities discriminate against people with disabilities by making the conditions of detention and release harsher for them than for the majority of other detainees. Added Samer Muscati. ” Instead of treating people with psychosocial disabilities punitive by placing them in immigration detention, the Canadian government should provide them with psychosocial, legal and other respectful support services. of their autonomy and dignity. »

The two NGOs have also found that many detained migrant people develop suicidal thoughts when they begin to lose hope of their eventual release, and especially if they have fled traumatic experiences and persecution. Several months or even years after their release, many migrants who have been imprisoned continue to exhibit effects due to psychosocial disabilities developed during their detention.

The Canada Border Services Agency (CBSA) remains the only major security agency not subject to independent civilian oversight. The uncontrolled exercise of its extended mandate and police powers has repeatedly caused serious human rights violations in the detention of migrants, Human Rights Watch and Amnesty International said.

Canada prides itself on being a welcoming land for refugees and newcomers as it is one of the few countries in the northern hemisphere where those seeking safety risk to be locked up for an indefinite period.

Racialized migrants, especially those who are black, appear to be incarcerated for longer periods, often in provincial prisons. In 2019, the majority of those detained for immigration-related reasons for more than 90 days were from African countries.

« Canada should never give way to racism, cruelty and human rights violations against people who have come to seek safety and a better life ”Said Ketty Nivyabandi. ” We call on Canada to sign and ratify the Optional Protocol to the Convention against Torture in order to prevent further violations, and to allow international inspection of places of detention. »

The United Nations Working Group on Arbitrary Detention has asserted that the detention of migrants “ should not be carried out in establishments such as police stations, pre-trial detention centers and prisons “, And that she” should not be as a punishment ».

“The Canadian government should stop keeping people with physical or psychosocial disabilities in detention for immigration reasons”, said Human Rights Watch and Amnesty International. “No one should be treated punitively for immigration reasons, including being held in solitary confinement, or in facilities for perpetrators such as prisons or any other prison-type establishment. “.

« Since the start of the Covid-19 pandemic in March 2020, Canadian authorities have released an unprecedented number of detained migrants “, Concluded Samer Muscati. « Instead of resuming its habits as the pandemic is brought under control in Canada, the government should take this opportunity to completely overhaul the immigration and refugee system to prioritize mental health and rights. humans. »

For more details on the cases documented by Human Rights Watch, please read below.

During the embargo period, the report “’I didn’t feel like a human being’: Immigration detention in Canada and its impact on mental health”, is available via the following link:

https://www.hrw.org/preview-link/node/378944/163b6b55-6c4d-4cdf-8f25-1837e52c9f22

Following its publication, the report will be available via the following link:

https://www.hrw.org/node/378944

To consult the abridged version (summary and recommendations) in French, please follow the link:

https://www.hrw.org/sites/default/files/media_2021/06/canada0621fr_summaryrecs_web_1.pdf
For more information, please contact:
Amnesty International Canada Francophone, in Montreal, Camille Ducroquet (French): + 1-438-929-5206 (mobile); or [email protected]. Twitter: @AmnistieCA

Source:
Human Rights Watch, Toronto, Samer Muscati (English): + 1-437-886-2505 (mobile); or [email protected]. Twitter: @SamerMuscati
Human Rights Watch, Toronto, Hanna Gros (English): [email protected]. Twitter: @Hanna_Gros
Human Rights Watch, Toronto, Farida Deif (English, French, Arabic): + 1-647-720-1305 (mobile); or [email protected]. Twitter: @FaridaDeif
Human Rights Watch, Mexico City, Carlos Ríos Espinosa (English, Spanish, French, Portuguese): + 52-55-3993-5814 (mobile); or [email protected]. Twitter: @espinosa_rios
Amnesty International English-speaking Canada, in Ottawa, Lucy Scholey (English): + 1-613-853-2142 (mobile); or [email protected]. Twitter: @LucyScholey
Amnesty International Americas, in Mexico City, Duncan Tucker (English, Spanish): + 52-55-4848-8266 (mobile); or [email protected]. Twitter: @duncantucker

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