Border Procedures for the Removal or Detention of Minors Regional Consultation Group on Migration (RCGM) November 2013

CBSA Mandate Canada would like to take the opportunity to acknowledge November 20th as National Child Day and reaffirm its obligations under the United Nations Convention on the Rights of the Child (UNCRC). Canada recognizes the importance of promoting and safeguarding the rights of children, both in Canada and abroad, and works closely with other levels of government, law enforcement authorities and intergovernmental organizations to ensure that decisions on behalf of children are made in consideration of their best interests and in accordance with our laws and regulations. The Canada Border Services Agency (CBSA) is responsible for providing integrated border services that support national security and public safety. Our mission is to ensure the security and prosperity of Canada by managing the access of people and goods to and from Canada.

At the Border The Immigration and Refugee Protection Act (IRPA) is interpreted and applied at Canada's borders in parallel with international instruments, which includes the Convention on the Rights of the Child.   CBSA officers pay special attention to children as they enter Canada. Where there are concerns about the purpose of their trip to Canada, their welfare or the parental relationship of an accompanying adult, children (accompanied or alone) are mandatory referrals for a thorough examination. When examining minor children, CBSA takes into account procedures or treatment that put the best interest of the child in the forefront of all considerations. For the purpose of acting in the child's best interests and to comply with international obligations, CBSA strives to ensure that a person purporting to be a parent, guardian, caregiver is legitimate.

At the Border (Cont.) CBSA officers are trained to examine, identify, and report children suspected of being abducted, smuggled or trafficked into Canada. The CBSA works closely with federal, provincial/territorial and municipal governments, law enforcement agencies and intergovernmental organizations to ensure there is a unified response in these cases and that children are protected throughout the process. When there are grounds to believe that a child is a victim of human trafficking, the CBSA officer is responsible for referring the child and the suspected trafficker to examination.The Royal Canadian Mounted Police (RCMP) and/or local enforcement authorities will also be notified, and identity and travel documents will be seized if there are reasonable grounds to believe they have been fraudulently or improperly obtained. Through Our Missing Children program, the CBSA also works in cooperation with the RCMP, the Department of Foreign Affairs, Trade and Development (DFATD) and the Department of Justice to identify and intercept children at the border suspected of being abducted or missing. While each organization has its own function, the program operates as a single unit, assisting police forces and other agencies across Canada and around the world in making successful recoveries. As a result of our cooperative efforts, the CBSA has helped to reunite over 1,400 missing and abducted children with their families.

Removals Program IRPA requires the CBSA to remove inadmissible foreign nationals as soon as possible. When an individual has exhausted all the various appeals and processes to remain in Canada, they are expected to leave. If they are unwilling to make arrangements for their own removal from Canada, the CBSA will schedule removal arrangements. Generally, persons are removed to their country of nationality, citizenship or habitual residence. If this is not possible, the CBSA will look to other countries for removal. Removing persons who pose a threat to the safety and security of Canada remains the priority for the CBSA. This includes individuals who are national security risks, criminals, and individuals who have committed human rights violations.

Removal of Minors The CBSA makes every effort to keep family units intact during the removal process. The best interest of the child is considered even when removal is imminent. Unaccompanied minors are afforded representation through the appropriate child welfare authority, who will ensure that the child has adequate representation.

CBSA Policy on the Removal of Minors Most minor children that are removed from Canada will be accompanied by family members. Unaccompanied minor children under the age of 13 are removed with an accompaniment escort. Unaccompanied minor children between the ages of 13 and 18 can be returned on direct flights to their country of origin, without escort, where the airlines will accept responsibility for the child during the trip and where no other safety and security risk exists. In all unaccompanied minor children cases, reception with the family members or representatives of government departments or agencies responsible for child welfare are arranged prior to departure.

% failed refugee claimants Removal Statistics Removals years total criminals % failed refugee claimants 2012 18,884 2,028 74% 2011 15,675 1,890 73% 2010 15,378 1,819 2009 14,859 1,921 2008 12,846 1,775 72%

Detention of Minors CBSA legislation and policy is clear when it comes to detaining children: they are detained only as a last resort and only after officers carefully consider what is in the child’s best interest. CBSA officers will consider alternatives, such as transferring the child to the care of provincial child protection services when there are no issues with the safety or security of the child. However, if a child is detained, it will be for the shortest period of time possible. In 2012-13, children were detained on average for 9.1 days and represented approximately 3% of all CBSA detentions. Some of the factors that officers consider when making a decision to hold a child in detention include the availability of alternative childcare arrangements; the anticipated length of detention; the risk of continued control by human smugglers or traffickers; the availability of separate living areas for children and their parents or guardians; and access to counselling, education and recreation services.

Detention of Minors (Cont’d) CBSA immigration holding centres have separate living areas for families and, if they are held for more than seven days, children will have access to a teacher. Generally, unaccompanied children (children who are detained and have no parent or guardian to care for them) are released to a child protection agency or family members. Accompanied children may be permitted to remain with their detained parents in an immigration holding centre if a CBSA officer considers it to be in their best interest and appropriate facilities are available. While in detention, children have access to the outdoors, a play area, and schooling is provided. As well, during immigration proceedings before the Immigration and Refugee Board, a representative may be assigned to represent the best interests of unaccompanied children.

Detention of Minors In summary, minors are only detained as a last resort and the best interests of the child are considered. Minors may be held in CBSA immigration holding centres with their parents or referred to child welfare agencies, in consideration of their best interests.