British Columbia is ending an agreement with the Canada Border Services Agency (CBSA) to hold immigration detainees in provincial correctional centres, saying it is inconsistent with its position on human rights.
Public Safety Minister Mike Farnworth said in a statement Thursday that the province conducted a review that analyzed its contract with the agency, including public safety, and consulted with advocacy groups.
“The review showed that some aspects of the agreement were inconsistent with our government’s commitment to human rights standards or our commitment to pursue social justice and equality for all,” he said.
The report said the number of immigrant detainees in provincial jails is declining, but provincial jails are used to holding “high-risk detainees.” It further notes that while the CBSA reimburses BC Corrections for holding detainees, this does not cover the overall costs.
“This is a trend that is likely to continue, given the overall decline in the number of inmates in provincial jails.” If the agreement is completed, these are resources that can be used to support BC Corrections clients, including individuals in custody with complex needs and behaviors,” it said.
The move comes after calls from human rights activists in British Columbia calling on the province to end its contract with the CBSA and stop incarcerating immigrants and refugees in provincial jails.
A coalition of human rights organizations and advocates — including the British Columbia Civil Liberties Association (BCCLA), Human Rights Watch and Amnesty International — launched a campaign in October urging Canadians to call on the provincial government to stop allowing the CBSA to use provincial jails for lock-ups people seeking asylum.
The groups released a report in June 2021 that said immigrants without criminal charges against them were being held in detention centers, federal prisons or provincial jails “indefinitely.”
The human rights organization says the move is an important milestone
“Canada is among the few countries in the Global North without a legal limit on the length of immigration detention, meaning people can be detained for months or years with no end in sight,” the groups said in a joint statement after the announcement.
“British Columbia’s decision is a major milestone on the road to ending the detention of immigrants in Canada’s provincial jails.”
Cathy Nivabandi, secretary general of Amnesty International Canada, said in a statement that she congratulated British Columbia for being the first province to make the decision, calling it an “important step.”
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—@SamerMuscati
“This is a real human rights victory that protects the dignity and rights of people who come to Canada in search of safety or a better life,” she said.
According to campaign organizers, between April 2019 and March 2020, almost 9,000 people were in immigration detention in Canada, including 138 infants and children. Since 2000, at least 16 people have died in these detention centers.
In the statement, Samer Muscati, associate director of disability rights at Human Rights Watch, added that she hoped the move would prompt other provinces and the federal government to follow suit.
Advocates are fighting to end immigration detention
Exactly 12 years ago, Sara Lopez fled Mexico. Lopez now lives in Burnaby, but was held in a Surrey jail for three months after claiming refugee status. During that time, she had no access to a lawyer and could not speak to her family at home.
“The only freedom I had there was to go to the bathroom and take a shower,” Lopez said.
She has been on the front lines of the fight to end immigration detention in Canada and says BC’s announcement is a huge step forward.
“This is a victory for human rights and for those people who are [dealing with] immigration issues.”
British Columbia Human Rights Commissioner Kasari Govender, who has called on the province to end its involvement in immigration detention, says the practice is a violation of human rights and hopes it will spark more change.
“We’re all looking. What will happen next? Is the Canada Border Services Agency reviewing its own migrant detention practices everywhere and working to end migrant detention in Canada.”
Farnworth says BC Corrections will provide the CBSA with 12 months’ notice as required under the current contract.
“BC Corrections is committed to working with the CBSA to develop a safe and effective transition plan that achieves our shared commitment to public safety while ensuring that people’s rights are preserved and protected,” Farnworth said.
Human rights groups said BC Corrections told them the province will send the agency a formal written notice to terminate the contract next week.
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