Immigration and Refugee Protection Act (S.C. 2001, c. 27)

Act current to 2014-12-08 and last amended on 2014-11-20. Previous Versions

Marginal note:Initial review of detention
  •  (1) A judge shall commence a review of the reasons for the person’s continued detention within 48 hours after the detention begins.

  • Marginal note:Further reviews of detention — before determining reasonableness

    (2) Until it is determined whether a certificate is reasonable, a judge shall commence another review of the reasons for the person’s continued detention at least once in the six-month period following the conclusion of each preceding review.

  • Marginal note:Further reviews of detention — after determining reasonableness

    (3) A person who continues to be detained after a certificate is determined to be reasonable may apply to the Federal Court for another review of the reasons for their continued detention if a period of six months has expired since the conclusion of the preceding review.

  • Marginal note:Reviews of conditions

    (4) A person who is released from detention under conditions may apply to the Federal Court for another review of the reasons for continuing the conditions if a period of six months has expired since the conclusion of the preceding review.

  • Marginal note:Order

    (5) On review, the judge

    • (a) shall order the person’s detention to be continued if the judge is satisfied that the person’s release under conditions would be injurious to national security or endanger the safety of any person or that they would be unlikely to appear at a proceeding or for removal if they were released under conditions; or

    • (b) in any other case, shall order or confirm the person’s release from detention and set any conditions that the judge considers appropriate.

  • 2001, c. 27, s. 82;
  • 2005, c. 10, s. 34;
  • 2008, c. 3, s. 4.
Marginal note:Variation of orders
  •  (1) A judge may vary an order made under subsection 82(5) on application of the Minister or of the person who is subject to the order if the judge is satisfied that the variation is desirable because of a material change in the circumstances that led to the order.

  • Marginal note:Calculation of period for next review

    (2) For the purpose of calculating the six-month period referred to in subsection 82(2), (3) or (4), the conclusion of the preceding review is deemed to have taken place on the day on which the decision under subsection (1) is made.

  • 2008, c. 3, s. 4.
Marginal note:Arrest and detention — breach of conditions
  •  (1) A peace officer may arrest and detain a person released under section 82 or 82.1 if the officer has reasonable grounds to believe that the person has contravened or is about to contravene any condition applicable to their release.

  • Marginal note:Appearance before judge

    (2) The peace officer shall bring the person before a judge within 48 hours after the detention begins.

  • Marginal note:Order

    (3) If the judge finds that the person has contravened or was about to contravene any condition applicable to their release, the judge shall

    • (a) order the person’s detention to be continued if the judge is satisfied that the person’s release under conditions would be injurious to national security or endanger the safety of any person or that they would be unlikely to appear at a proceeding or for removal if they were released under conditions;

    • (b) confirm the release order; or

    • (c) vary the conditions applicable to their release.

  • Marginal note:Calculation of period for next review

    (4) For the purpose of calculating the six-month period referred to in subsection 82(2), (3) or (4), the conclusion of the preceding review is deemed to have taken place on the day on which the decision under subsection (3) is made.

  • 2008, c. 3, s. 4.