Tag Archives: IHC

CIU National Executive tours Laval Immigration Holding Centre

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On Tuesday, November 21, the CIU National Executive was in Laval, Quebec, to tour the local CBSA Immigration Holding Centre (IHC), following an invitation by the Agency to review ongoing upgrades to these facilities to accommodate higher-risk immigration detainees who will no longer be held in provincial establishments.

While it is too early to fully assess the impact of the upgrade process as a whole due to infrastructure changes still to come, CIU Executive members welcomed this opportunity to familiarize themselves with proposed changes in order to ensure potential safety concerns — both for workers and detainees — are addressed as proactively as possible.

The detention of high-risk individuals in immigration holding facilities is a new direction for the Agency, and CIU is conscious of the impact this can have on our members working in IHCs and as part of Inland Enforcement and Hearings. Our priority is to ensure the health and safety of all involved. While alternatives to detention are central to a modern, more humane immigration system, adequate holding facilities must be available in cases where alternatives to detention are simply not an option due to severe public safety risks, such as violent criminality. It is all the more important for these facilities to prioritize the health and safety of all through proper training, staffing levels, and equipment.

As these changes represent a significant shift for some of our members, we invite our members to review the following information regarding dangerous work should they be asked to perform dangerous tasks for which they’ve not received training.

While any concern regarding these changes should be brought forward to your Branch President and local health and safety representatives, the Agency has made clear that they want to hear from the membership to address questions around changes related to detentions, and we invite you to reach out to Detention-Programs@cbsa-asfc.gc.ca.

High-risk detainees in Immigration Holding Centres

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Following CBSA’s decision to start holding high-risk detainees in Immigration Holding Centres (IHCs) effective August 1, 2023, the question has come up whether dealing with high-risk detainees would now be included as a ‘danger’ in the normal condition of employment of our members (please see the following document for more information on danger as a normal condition of employment as per the Canada Labour Code).

The short answer is that it depends on the circumstances of an interaction with a high-risk detainee. In some cases, CBSA officers already perform duties where interacting with high-risk detainees can be considered to fall within the normal condition of employment, such as the removal of high-risk detainees by Inland Enforcement Officers and the intake process at IHCs. Risks associated with these duties have been properly mitigated through job hazard analysis, training, policies, and personal protection equipment.

Significant changes

The two significant changes we see that would not fall under the normal condition of employment at this time are as follows:
1) Detention of high-risk individuals in IHCs, and
2) Significant increase in ground transportation of high-risk detainees

Detentions in IHCs

CBSA is currently coordinating with Correctional Service Canada to develop training on how to deal with the detention of high-risk individuals. As this is a significant shift in policy, and no hazard analysis has been done, this does not constitute a normal condition of employment. Currently, officers have no training on how to deal with high-risk detainees while they are in detention. Until a hazard analysis has been completed, procedures have been developed, members trained, and PPE issued, the detention of high-risk individuals will continue to fall outside of the definition of normal conditions of employment.

This means CBSA cannot force officers to deal with situations they have not been trained for, or situations where no risk assessment has been performed. If this happens, members can avail themselves of all the protections of the Canada Labour Code Part II, including work refusals.

Increase in ground transportation

The second item is the possible increase in ground transportation. Previously, high-risk detainees were transported from local police stations to the provincial remand centres, by provincial law enforcement representatives trained on how to deal with detainees in a long-distance ground transportation setting, in vehicles equipped for such transports.

With provinces no longer housing immigration detainees, CBSA may now be required to transport individuals for extended periods of time. While our Inland Enforcement Officers are trained for transport duties, the primary focus of the current training is on air travel and not ground transportation. The change in transportation duties may require a change in hazard analysis along with PPE and vehicles. As above, if members have not received either the tools or training required for this type of transport, they can avail themselves of all the protections of the Canada Labour Code Part II, including work refusals.

Should members have questions or concerns, please contact your Branch President.

This article is based on a memorandum sent by Acting National President Rick Savage to the National Board of Directors on August 1, 2023.

Questions about work refusals? Check out the following guide.