Tuesday, June 4, 2024

The Standing Senate Committee on National Security, Defence and Veterans Affairs has the honour to table its

NINTH REPORT

Your committee, which was authorized to examine the subject matter of those elements contained in Division 39 of Part 4 of Bill C-69, An Act to implement certain provisions of the budget tabled in Parliament on April 16, 2024, has, in obedience to the order of reference of Thursday, May 9, 2024, examined the said subject-matter and now reports as follows:

On May 27, 2024, your committee heard from the following witnesses concerning Division 39 of Part 4 of Bill C-69: officials from the Canada Border Services Agency (CBSA) and Correctional Service Canada (CSC); representatives of the Canadian Association of Refugee Lawyers, the Canadian Bar Association, the Canadian Council for Refugees, Human Rights Watch and the World Refugee and Migration Council; and an academic who appeared as an individual.

Division 39 of Part 4 of Bill C-69 would amend the Corrections and Conditional Release Act and the Immigration and Refugee Protection Act to regulate the detention of individuals for immigration-related reasons by creating “immigrant stations” in federal correctional facilities. This detention would be made possible through arrangements between CSC and the CBSA.

Recognizing that detention for immigration-related reasons should be a “last resort,” the CBSA official claimed that the proposed amendments are needed because all Canadian provinces are ending their respective agreements that authorize the CBSA to detain people in provincial correctional facilities. Currently, people detained for immigration-related reasons are held either in CBSA immigration holding centres or in provincial correctional facilities.

The non-governmental witnesses drew attention to a range of concerns relating to compliance with the Canadian Charter of Rights and Freedoms and international law. They also questioned the need for the amendments proposed in Division 39 and highlighted the availability of alternatives to detention.

Noting these concerns, your committee believes that Parliament has not had sufficient time to undertake proper study of the proposed amendments, which would make significant changes to Canada’s immigration detention regime. Moreover, because the proposed amendments are unrelated to the financial management of Canada, your committee strongly feels that they should not have been included in budget implementation legislation.

Your committee recommends that the Government of Canada remove Division 39 of Part 4 from Bill C-69 and consider reintroducing the proposed amendments in a separate bill.

Respectfully submitted,