Arrest warrant (IRPA)
Statutory definition
Section 55 of the IRPA authorises a CBSA officer to arrest without warrant a foreign national or permanent resident who the officer has reasonable grounds to believe is inadmissible and is a danger to the public or is unlikely to appear for examination, an admissibility hearing, or removal. Where no immediate arrest is made, s 55(3) authorises a Minister's delegate or court to issue a warrant for arrest.
Explanation
IRPA arrest warrants are used where a person has evaded compliance with immigration proceedings or poses an enforcement risk. Persons arrested under IRPA s 55 are typically detained and brought before the Immigration Division within 48 hours for a detention review. The detention review process continues at regular intervals (7 days, then every 30 days) until the person is released or removed. CBSA enforcement operations targeting persons who have failed to comply with removal orders are the most common context for arrest warrants.