World Immigration News

UN Committee Criticizes Canada’s Immigration Detention Practices

Release Date
2025-03-27
Media
Human Rights Watch
Summary
This week, the United Nations Committee on the Rights of Persons with Disabilities issued a critical report on Canada's immigration detention system, urging Canada to protect the legal rights of people with disabilities in detention and to abolish immigration detention altogether. The committee highlighted that asylum seekers and migrants with disabilities are disproportionately detained, often in correctional facilities, and are at risk of being placed in solitary confinement during mental health crises.

The committee called for the creation of community-based alternatives to detention, offering comprehensive support like housing, healthcare, legal aid, and mental health services. It also condemned Canada's practice of substitute decision-making, where representatives make crucial decisions for detainees without proper assessment or consent. The committee recommended replacing this with a supported decision-making model that respects detainees' preferences.

The committee's findings align with the evidence presented by Human Rights Watch, including the case of Prosper Niyonzima, a Rwandan genocide survivor who was detained for nearly five years and had decisions made on his behalf by an appointed representative he never met. Despite some provincial commitments to end immigration detention, the federal government is renegotiating detention agreements and expanding the system to federal prisons.

The committee’s recommendations underscore the need for Canada to abolish immigration detention and align its legal capacity framework with human rights standards.
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