Regulation 244 — Factors — flight risk
Text of provision
For the purposes of Division 6 of Part 1 of the Act, the factors set out in this Part shall be taken into consideration when assessing whether a person
(a) is unlikely to appear for examination, an admissibility hearing, removal from Canada, or at a proceeding that could lead to the making of a removal order by the Minister under subsection 44(2) of the Act;
(b) is a danger to the public; or
(c) is a foreign national whose identity has not been established.
Plain English
Regulation 244 prescribes the factors for assessing flight risk: whether the person has previously failed to appear for a proceeding; whether the person has been arrested, charged, or convicted of an offence in Canada or abroad; whether the person has misrepresented their identity; whether the person has cooperated with CBSA; the existence of strong community ties; and the likelihood of the person complying with conditions.
Practical effect
The regulatory factors under r 244 must be considered at each detention review, not just at the initial arrest. A person who initially posed a high flight risk may, through demonstrated compliance with conditions and changed circumstances, no longer meet the flight risk threshold. Conversely, a person who was released and failed to report demonstrates increased flight risk at the next review. Counsel at detention reviews should be prepared to address each factor in r 244 with specific evidence about the detained person's circumstances.