Thispage provides general information about detention reviews. It can help detained persons as well as family and friends understand the detention review process. We have also prepared a guide specifically for detained persons.
When people are detained by the Canada Border Services Agency (CBSA) for immigration reasons, they will have a detention review hearing before the Immigration Division of the Immigration and Refugee Board of Canada (IRB). The following information will help you understand the detention review process and what to expect.
A member of the Immigration Division of the IRB will hear the case and decide whether the detained person will be released or stay in detention. The IRB is like a court, but less formal. It makes decisions that are legally binding.
A CBSA representative will take part in the detention review and explain why the person was detained. The CBSA representative will present evidence. The representative may argue that the person should remain in detention or may recommend the person's release.
Although a detained person can represent themselves at their hearing, they can also choose to hire counsel. Counsel can be a lawyer or a registered immigration consultant. In Quebec, counsel can also be a notary. A detained person is responsible for paying their counsel.
A detained person who does not have enough money to pay for counsel may be able to get free legal help. Some provinces and territories offer free legal aid to people who are eligible. Some community or religious organizations that help immigrants and refugees may also be able to help. A detained person can ask an officer where they are being detained to help contact legal aid or other counsel. A detained person who decides to hire counsel or ask someone to help them should do so as soon as possible.
The detained person may have come to Canada without identity documents or with identity documents that might not be genuine. The CBSA may not be able to confirm the detained person's identity right away.
The Immigration Division member will consider the CBSA's efforts, and the detained person's cooperation with the CBSA in proving their identity, before deciding to continue their detention or to order their release.
The CBSA will explain what steps they are taking to find out whether the person is inadmissible for one of these reasons. In this situation, the Immigration Division member can only consider whether the CBSA has a reasonable suspicion and is taking the necessary steps to investigate it.
An alternative to detention is a release plan that may include conditions the detained person must obey. The detained person can suggest an alternative to detention. When preparing for their hearing, detained persons should think about reasonable alternatives to detention. Conditions could include:
The person who provides the bond is known as a bondsperson. At the hearing, the CBSA representative and the member may ask the proposed bondsperson for information that will help the member decide if the bond is suitable. The bondsperson can provide this information before the hearing by completing a Bondsperson Information form.
A detained person should consider potential bondspersons, how much money could be available for the bond, and any other information they can provide to help the member decide. Detainees should also make sure that the bondsperson is available during the hearing to answer questions from the CBSA representative and the member.
After hearing from the CBSA representative and the detained person and their counsel, the Immigration Division member will decide whether the person will be released or stay in detention. The member will usually give the decision and reasons for the decision at the end of the hearing. However, if the issues are very complicated, the member may need more time to review all the evidence and prepare their decision.
If the detained person is ordered to stay in detention, they will have another detention review within 7 days. At the 7-day review, if the Immigration Division member orders that the person must remain in detention again, there will be another review in 30 days, and every 30 days after that until the person is released or removed from Canada. At each detention review, the detained person can present new facts to support a request for release. If the detained person's situation changes between detention reviews, they may ask the Immigration Division for an early hearing.
After release, if the detained person stays in Canada, they must obey the conditions of their release. These conditions continue to apply to the person until the person is removed from Canada or until the conditions have been changed or cancelled.
If the detained person's situation changes after conditions are imposed, they can write a letter to the Immigration Division explaining why they think their conditions should be changed and send a copy of the letter to the CBSA. They can use the Application to vary conditions of release form to help write this letter.
Important: If the Minister has identified the detained person as a designated foreign national, most of the information presented here does not apply and it may be 14 days before the first detention review.
Foreign nationals or permanent residents who have been detained by the Canada Border Services Agency (CBSA) for immigration reasons appear before the Immigration Division (ID) of the Immigration and Refugee Board of Canada (IRB) for detention reviews. The CBSA may detain, or hold, a foreign national or permanent resident,
if it has reasonable grounds to believe that the person:
When the CBSA detains a person, a detention review must be held to decide whether there is reason under the Immigration and Refugee Protection Act (IRPA) to continue detention. Within 48 hours of detention (or as soon as possible afterwards), the ID will review the reasons for detention. A member (decision-maker) will hear the review according to the IRB tribunal process. The process is adversarial. There are two opposing parties: the person who is detained and Minister's counsel for the CBSA. The detention review process is also public, so media or members of the public may attend or report on the proceedings.
The member will hear arguments from Minister's counsel about why the person should remain detained. The person, or his or her counsel, will respond. The member may then order that the person remain in detention.
If the member orders continued detention, the person will appear for another hearing before the ID within seven days of the first review. The ID holds further hearings at least once every 30 days for as long as the person is detained. The person may ask for an early review of detention at any time, but must present new facts to justify the request. Either the detained person or Minister's counsel may ask the Federal Court for leave, or permission, for a judicial review of any IRB decision on detention.
If the member finds that there is no longer a reason under IRPA to continue detention, then the member may order the person released. The member may also order certain terms and conditions, such as posting a bond (a cash deposit) or guaranteeing to do something, such as reporting on a regular basis to an immigration office.
As the first Disgaea I've played, the game almost sadistically disabused me of the notion that careful, thoughtful, premeditated gameplay was the way to succeed. If the bizarre opening cutscene didn't make it clear to me, the more time I spent with it, the more I came to realize that this was not the type of logical and safely predictable mathematics that Tactics Ogre had taught me to expect.
No, Disgaea 3 is the type of game where I can avoid a boss' area of effect attack by stacking my entire army one person atop the next person's shoulders, and then, if I want to, hit the boss with the entire tower like some twisted baseball bat of fleshy pain. Or heck, I could just pick the boss up with one of my characters and make him lose a turn.
In no other game would these options even occur to me to try, but in the (Nether)world of Disgaea, it's not just possible, but actively encouraged to break the standard mold of strategy gameplay as much as possible.
This lack of normality extends to the storyline. From the moment the anime-style opening blares out its funky J-pop, Disgaea 3 bombards the player with pure, unrelenting, 100% Japanese Weirdness. In fact, the game is presented like an actual anime, with all the episode-naming conventions, flashy eyecatches where the commercials kick in, and next-episode previews with voice overs.
Reinforcing the insanity, the characters know they're in a video game. Witness Raspberyl, who introduces herself by giving a brief history of her backstory, to which another character congratulates her for so succinctly catching up new players to Disgaea 3. There's even a character that decides to start an internet petition to change the game's ending. Never have I uttered "what the heck" so often while playing something, but at least it means the game is open to newcomers.
What isn't easy to grasp for a newbie are the large number of stats to manage. At times I felt like I needed a spreadsheet, or certainly a guide with more in-depth information than the instruction manual provided.
For example, I was used to other games unlocking new items based on my progress, but Disgaea 3 instead employs an army base "homeroom" where topics can be suggested to the student body with a chance to pass or fail. Passing these topics is how new items are unlocked in the shops for purchase. As I didn't realize that, I went through seven (of eight) chapters with cheap equipment that I powered up by many, many runs through my gears' Item Worlds, which is almost a separate game unto itself.
Beyond that, I still feel like an idiot for never figuring out how to actually steal items with my thief character, among other things. Needless to say, by the final chapter I did not have an optimized army or the best gear, but the game is so light-hearted and silly that I still mopped the floor with the final boss and was able to move on to the post-game, where the real challenge began.
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