The Canadian government is under scrutiny following allegations that it violated the rights of migrants by detaining them alongside criminal suspects while awaiting processing of their immigration status. Lawyers representing the migrants asserted on Tuesday that these detainees were subjected to conditions described as punitive and traumatic.
According to the plaintiffs’ legal team, migrants detained by the Canada Border Services Agency (CBSA) between 2016 and 2023, totaling 8,360 individuals across 87 prisons, experienced circumstances akin to criminal inmates. This included co-mingling with violent offenders, the use of restraints such as shackles and handcuffs, strip searches, and severe limitations on contact and movement.
The allegations stem from a recent ruling by the Superior Court of Ontario province, which authorized a class action lawsuit seeking C$100 million ($73.4 million) in damages. Justice Benjamin Glustein highlighted that foreign nationals, including asylum seekers not accused of any crime, were subjected to conditions that contravened the administrative nature of immigration detention.
Under Canadian law, border agents can detain migrants if there are concerns about their attendance at immigration hearings, doubts about their identity, or if they pose a public safety risk. However, the lawsuit contends that holding them in provincial jails rather than dedicated immigration facilities violates their rights.
Among the plaintiffs is Tyron Richard, who described his 18-month detention in a maximum-security prison as a “living hell,” emphasizing a sense of helplessness and the harsh environment he endured. Another plaintiff, identified as Garcia Paez, recounted traumatic experiences including violence, drug use, and physical assaults during his 13-day incarceration in 2021.
The Canadian government has the option to appeal the court’s decision but has not yet disclosed its intentions. The lawsuit, which represents a broader challenge to Canada’s immigration detention practices, seeks redress not only for the plaintiffs but also for thousands of others who allegedly suffered similar treatment without being formally charged with a crime.
