Under Canada’s National Directive for the Detention or Housing of Minors, the CBSA must use detention as an absolute last resort for children. If a minor is housed in an Immigration Holding Centre (IHC), they must receive a formal detention review within 48 hours, where authorities actively seek Alternatives to Detention (ATD) to secure their immediate release.
The thought of a child being held in a detention facility is terrifying for any family. In Canada, the immigration detention of minors (anyone under the age of 18) is a highly sensitive and strictly regulated issue. Historically, children were sometimes housed with their detained parents to avoid family separation, placing them inside secure Immigration Holding Centres (IHCs) like those in Toronto, Laval, or Surrey. Recognizing the psychological harm this causes, the Canadian government enacted the National Directive for the Detention or Housing of Minors, which mandates that the Canada Border Services Agency (CBSA) must prioritize the “Best Interests of the Child” above all other immigration enforcement goals.
Legally, a minor can be detained directly if they are a foreign national without proper identification or if they pose a flight risk, though this is exceedingly rare. More commonly, a minor is “housed” in an IHC as a guest because their parent or legal guardian is detained, and no alternative childcare is available in the community. 🔍 Regardless of whether they are formally detained or just housed, the timelines for getting a child out of the facility are urgent and heavily scrutinized by the Immigration and Refugee Board (IRB). Hiring a local Canadian immigration lawyer is crucial to proposing community release plans that satisfy the CBSA and the IRB.
Step-by-Step Process in Canada: Releasing a Minor from Detention
The process of releasing a minor heavily depends on securing the release of their parent or guardian, or finding an acceptable alternative guardian in Canada. The legal procedures follow strict federal timelines governed by the Immigration and Refugee Protection Act (IRPA).
Step 1: The Initial CBSA Assessment
The moment a family is intercepted by the CBSA, the officers must conduct an immediate assessment regarding the minor. The CBSA is legally required to explore all Alternatives to Detention (ATD) before placing a child in an IHC. If no immediate family members or community programs can take custody, the child may be temporarily housed with the parent in a specially designed family wing of the facility.
Step 2: The 48-Hour Detention Review
If a minor is formally detained, the Immigration Division (ID) of the IRB must hold a hearing within 48 hours of the initial detention. 🕒 This is a critical administrative court hearing. The adjudicator will ask the CBSA why the minor is being held and will demand to know what steps are being taken to release them. Your lawyer will present a release plan, which may involve cash bonds, a community guarantor, or transferring the child to provincial child protection services as a last resort.
Step 3: Proposing Alternatives to Detention (ATD)
To win release, you must offer a concrete plan. The CBSA and IRB strongly favour the ATD program. This could involve the parent and child being released into a community-based supervision program, living with a Canadian citizen or Permanent Resident who pledges to ensure they show up for future immigration proceedings, or utilizing voice-reporting systems. The primary goal is to get the child back into a normal environment so they can attend school and receive proper healthcare.
Step 4: The 7-Day and 30-Day Reviews
If the IRB decides not to release the family at the 48-hour mark, a subsequent review is automatically scheduled 7 days later. 📅 If release is denied again, reviews occur every 30 days thereafter. However, because national policy mandates that minors should not be detained, keeping a child in an IHC for a full 30 days is exceptionally rare and usually involves extreme circumstances, such as severe identity fraud or serious criminal danger posed by the parents.
Step 5: Execution of the Release Bond
Once the IRB adjudicator orders the release, conditions will be set. This often involves a Bondsperson (a Canadian citizen or PR) depositing a cash bond or signing a performance bond. As soon as the financial and administrative conditions are met at the local CBSA office, the minor and their guardian are discharged from the holding centre.
How Much Does it Cost to Secure Release in Canada?
While the IRB hearings are free, securing the release of a family from immigration detention involves legal fees and potential security deposits. Here are the estimated costs in CAD:
| Expense Type | Estimated Cost (CAD) | Details |
|---|---|---|
| Cash Release Bond | $500.00 – $5,000.00+ | Money deposited by a guarantor to ensure the family complies with IRCC rules. |
| Lawyer Fees (Detention Review) | $1,500.00 – $4,000.00 | Professional fees for a lawyer to prepare the release plan and argue at the IRB. |
| Translation/Interpreter Fees | Free (Provided by IRB) | The IRB provides official interpreters for the hearing at no cost to you. |
| Community Support Programs | Varies | Some specialized NGO housing programs may have minimal administrative fees. |
How Long Does the Process Take?
The timeline for minors is meant to be incredibly fast. ⏳ The first legally mandated review happens at 48 hours. With a strong lawyer and a willing Canadian guarantor, a minor is typically released at this first hearing. If the release plan is not ready, the family might be held until the 7-day review. Cases extending to the 30-day review mark are highly unusual for minors under current Canadian policy, as CBSA actively works to transfer them to community care long before then.
Frequently Asked Questions (FAQ)
Are children separated from their parents in detention?
Generally, no. Canada goes to great lengths to prevent family separation. If a parent must be detained and no alternative childcare exists, the child is “housed” with the parent in a dedicated family living area rather than being formally detained themselves.
Can a child go to school while in a holding centre?
While housed in an IHC, children cannot attend regular public school in the community due to security reasons. However, the facilities employ educational coordinators to provide temporary learning activities until the child is released.
Are minors held in provincial jails in Canada?
No. Minors are strictly prohibited from being held in provincial criminal jails for immigration purposes. They are only ever placed in dedicated federal Immigration Holding Centres (IHCs) in specialized, non-institutional family wings.
Who can act as a guarantor for a detained family?
A guarantor (bondsperson) must be a Canadian Citizen or Permanent Resident who is financially stable, over the age of 18, and willing to pledge money and promise the CBSA that they will supervise the family upon release.
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