Detention review (Canada)
Statutory definition
Section 57 of the IRPA requires the Immigration Division to review the reasons for continued detention within 48 hours of the detention, at 7 days following the initial review, and at least once during each 30-day period thereafter. Section 58 sets out the grounds for ordering continued detention: danger to the public, flight risk, or identity not established. If none of the grounds are made out, the detained person must be released (with or without conditions).
Explanation
Detention reviews are the primary safeguard against arbitrary immigration detention in Canada. Unlike mandatory detention in Australia, Canadian immigration detention is not automatic — the Immigration Division must positively find a ground for continued detention at each review. In practice, detention reviews for persons considered flight risks or danger to the public may result in continued detention for months. Release on conditions (bail equivalent — immigration bond, reporting obligations) is a common outcome where detention is not ordered. Legal representation significantly improves outcomes at detention reviews.