Immigration detention a non-issue in N.L., says justice minister
CBC News | Posted: March 6, 2024 3:50 PM | Last Updated: March 6
Low prevalence in cases in N.L. means staying the course: Hogan
Immigration detention is a non-issue in Newfoundland and Labrador, Justice Minister John Hogan said in response to a Radio-Canada report that said the province is the only holdout for ending the controversial practice of incarcerating migrants in its provincial jails.
"Immigration detention is not a common practice in Newfoundland and Labrador. So when a story says we allow it, it doesn't really happen," Hogan told Radio-Canada in an interview this week.
"I think there was six cases in the last few years — five dating back a few years ago and one dating back a couple of years ago."
But according to Canada Border Services Agency statistics, six immigration detainees were imprisoned in Newfoundland and Labrador last year. The federal agency said there are currently none in Newfoundland and Labrador.
Since the province doesn't share a border with the United States, said Hogan, immigration detention isn't really a problem.
He said Newfoundland and Labrador doesn't have a formal agreement with the CBSA.
"When you're saying we're 'allowing it' it's not like we have an agreement that says we need to take immigrant detainees and put them in our prisons here in the province," he said.
"That system doesn't exist, that contract doesn't exist, that agreement doesn't exist with CBSA, so there's no unilateral placement of any detainees into provincial correctional facilities here."
All other provinces have indicated to the CBSA they will no longer put people in prison who were detained under the Immigration and Refugee Protection Act.
Marisa Berry Méndez, campaigner with Amnesty International Canada, told Radio-Canada people are being detained without an adequate reason under the act and being placed in prisons where they're subject to "some of the worst conditions in detention you can have."
"What we've seen, migrants who are subject to this kind of detention, the impact on their mental health is really significant. In many cases people develop suicidal ideations, especially in cases where the experiences that they're fleeing, that brought them to come to Canada, were particularly traumatizing in the first place," she said.
Border officers can detain foreign nationals or permanent residents, including refugee claimants, who are considered a flight risk if their identity is not well established or if they pose a danger to the public.
Hogan said previous detentions happen case by case basis when an individual is deemed a risk to public safety.
"But just because you're an immigrant and maybe a potential detainee somewhere else, doesn't necessarily mean you're going to end up in a correctional facility here in Newfoundland and Labrador," he said.
"Detention is always a measure of last resort in the criminal justice system, everybody knows that, but the goal is to maintain public safety when it's needed."
Hogan said the CBSA won't build a detention facility in Newfoundland and Labrador because of the low prevalence of cases.
He said the issue will remain on the radar of his department, but short of building a facility to house a small number of people he believes Newfoundland and Labrador is handling the situation well right now.
He said if immigrant detention "became an issue" there are things his department can look into like bail supervision and electronic monitoring.
"We don't want to put anyone in prison who doesn't belong in prison. Everybody has rights," he said.
"As I said, it's a last resort in the event that public safety is at risk."
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