What are my rights with immigration officers?
Question: What are my rights when dealing with immigration officers through the Canada Border Services Agency (CBSA)?
Answer:
• Citizens cannot be arrested by immigration officers under any circumstances.
• Protected Persons (people who have won their refugee hearings) and Permanent Residents (landed immigrants) can only be arrested by immigration officers if they have a warrant. Ask to see the warrant, make sure your name on it and it is signed.
• People without status can only be arrested if the immigration officer knows your name and has reason to believe you are inadmissible (i.e. are here without status) and they have reasons to believe you are either a danger to the public or unlikely to show up for hearings, appointments or removal.
• If you are stopped by immigration offers, ask why they are stopping you. If they do not have a reason to stop you as above, then tell them you want to leave.
• Be aware that asserting your rights will not a necessarily stop offers from arresting you. As well, it is a good idea to be polite and calm since if you upset the officer, they may decide to arrest you.
• If you are arrested, ask them why. Tell them you want to speak to your lawyer, immigration consultant or a community member who can help you without charge (someone from your community group, mosque, church etc.) before you answer any questions or sign anything. If you ask to talk to a lawyer, consultant or community member, they are supposed to stop asking you questions (though they can hold you in the meantime.
