Regulation 180 — Arrest and detention — statutory grounds
Text of provision
A foreign national who holds a temporary resident visa is not authorized to enter and remain in Canada as a temporary resident unless, following an examination, it is established that the foreign national and their accompanying family members
(a) met the requirements for issuance of their temporary resident visa at the time it was issued; and
(b) continue to meet these requirements at the time of the examination on entry into Canada.
Plain English
Regulation 180 provides that an officer considering whether to arrest or detain a person must consider all relevant factors, including the factors specified in rr 244–248 relating to the grounds of detention (flight risk, danger to public, and identity). The officer may order release with conditions under r 44 if the detention grounds are not established.
Practical effect
The regulatory factors supplement the statutory grounds in IRPA ss 55–58. Officers must assess the specific risk posed by the individual against the backdrop of the regulatory factors. The decision to arrest or detain must be reasonable and documented — failures to articulate the basis for detention are reviewable at the detention review hearing. The Federal Court has emphasised that detention should not be used as a substitute for removal where removal is feasible.