Mr. Speaker, with regard to part (a), as of March 6, 2023, there were 140 individuals under immigration hold and subject to a removal order who were being housed in a provincial correctional facility.
With regard to part (b), CBSA does not hold the requested information as it falls outside of the agency’s mandate. The CBSA’s mandate includes enforcement of the Immigration and Refugee Protection Act, IRPA, which provides for the arrest and detention of foreign nationals and permanent residents who are inadmissible to Canada and who are either unlikely to appear for an immigration proceeding or constitute a danger to the public. Individuals detained under the IRPA are entitled to a review of their detention by the Immigration and Refugee Board, IRB, an independent quasi-judicial tribunal. Individuals are entitled to have the reasons for their detention reviewed by the IRB within the first 48 hours of being detained. At a detention review, the IRB may order their release on conditions or determine that detention should continue. If the IRB determines that detention should be continued, a subsequent detention review is to be held in the next seven days and every 30 days thereafter. The immigration division of the IRB will provide reasons for its decisions, and the decisions are subject to judicial review.
With regard to part (c), of the 140 individuals in part (a), 81 were inadmissible pursuant to sections 34 to 37 of the IRPA. Seventy-one individuals were found inadmissible pursuant to 36(1)(a), which pertains to cases where the permanent resident or foreign national has been convicted in Canada of an offence under an act of Parliament punishable by a maximum term of imprisonment of at least 10 years, or of an offence under an act of Parliament for which a term of imprisonment of more than six months has been imposed. Three individuals were found inadmissible pursuant to 36(1)(b), which pertains to cases where the permanent resident or foreign national is inadmissible on grounds of serious criminality for having been convicted of an offence outside Canada that, if committed in Canada, would constitute an offence under an act of Parliament punishable by a maximum term of imprisonment of at least 10 years. Six individuals were found inadmissible pursuant to 36(2)(a), which pertains to cases where the foreign national is inadmissible on grounds of criminality for having been convicted in Canada of an offence under an act of Parliament punishable by way of indictment, or of two offences under any act of Parliament not arising out of a single occurrence. One individual was found inadmissible pursuant to 36(2)(b), which pertains to cases where the foreign national is inadmissible on grounds of criminality for having been convicted outside Canada of an offence that, if committed in Canada, would constitute an indictable offence under an act of Parliament, or of two offences not arising out of a single occurrence that, if committed in Canada, would constitute offences under an act of Parliament.