Recently, people were shocked when they heard about Jasmine Mooney, a Canadian citizen who was detained by U.S. authorities while trying to get a work permit at the San Diego border. She was held for two weeks under poor conditions, despite not being charged with any crime. Her release only happened after she contacted the media.
But could something like this happen to a foreign national trying to enter Canada in a similar situation? For example, what if a U.S. citizen applied for a work permit at a Canadian border and faced similar treatment?
How Canada’s Immigration Laws Protect You
According to Canada’s Immigration and Refugee Protection Act, it’s unlikely that a foreign national, such as a U.S. citizen, would be detained at the Canadian border for applying for a work permit without being involved in any criminal activity.
Here’s how Canada’s laws work when it comes to detaining someone:
- The Canadian Border Services Agency (CBSA) can only detain someone if specific conditions are met:
- They need to complete an examination
- They suspect the person is involved in criminal activity or terrorism
- The person poses a danger to the public or is unlikely to show up for their immigration hearing
- They can’t verify the person’s identity
- The person is part of an irregular border crossing investigation by the Minister of Public Safety
- Alternatives Before Detention: CBSA officers are required to consider other options before deciding to detain someone.
Would Jasmine Mooney’s Case Happen in Canada?
In Mooney’s case, she was applying for a work permit and had no criminal record. There was no reason to believe she was a threat to the public or involved in any criminal activity. She provided evidence to show who she was, and under Canadian law, there wouldn’t have been any valid reason to detain her.
What Happens if You Are Detained in Canada?
Under Canadian law, if a foreign national is detained for more than 48 hours, their case must be reviewed by the Immigration Division. Here’s how it works:
- First Review: The Immigration Division will look at the reasons for detention after 48 hours.
- Second Review: They must review it again after 7 days, and then every 30 days after that.
Public Scrutiny and Rights of Detainees in Canada
If you are detained in Canada, you have certain rights and protections:
- Public Reviews: Reviews of the detention are generally open to the public, ensuring that it’s fair and transparent.
- Reasons for Detention: You must be told why you are being detained.
- Legal Help: You have the right to legal representation.
- Embassy Contact: You can contact your country’s embassy or consulate for help.
1. What should I do if I’m detained at the Canadian border?
- Stay calm and ask for your rights: You are entitled to know why you are being detained and can request legal help or contact your embassy.
2. Can I be detained for simply applying for a work permit in Canada?
- Generally no: If you meet the application requirements, there should be no reason for detention. Detention happens only in very specific circumstances, like security concerns or identity issues.
3. How long can I be detained in Canada?
- No longer than 48 hours without review: After 48 hours, the Immigration Division must review your detention, and further reviews happen every 7 days and every 30 days after that.
4. Do I have any rights if I’m detained in Canada?
- Yes, you have rights: These include being told why you’re detained, access to a CBSA officer, the right to legal representation, and the right to contact your embassy.
I hope this makes things clearer! If you have any questions about Canadian immigration or need help with your visa application, feel free to reach out to Ask Kubeir. We’re here to guide you through the process!
📞 Call us: 04 260 7837
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