Immigration Detention in Toronto: Your Rights & Release Options
- Guillermo Cruz-Rico
- Sep 30
- 5 min read
Immigration detention is stressful and fast-moving. The good news: Canada’s legal framework gives you meaningful rights, regular review timelines, and—when necessary—powerful court remedies. This guide summarizes what applies in Toronto/Ontario, drawn from our internal research memo for consular use and public education. It is general information only and not legal advice.
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If you’re detained for immigration reasons in Toronto, you retain Charter and statutory protections: the right to counsel and interpretation, to know why you’re detained, and to regular detention reviews within 48 hours, at 7 days, and at least every 30 days. Prolonged or indefinite detention can be challenged in court, including by habeas corpus.
Who This Guide Is For (Scope & Limits)
This article is for foreign nationals detained in the Toronto/GTA—including those held in provincial facilities—and for families, community groups, and consular officials assisting them. We cover: your Charter protections, the IRPA review schedule, how release decisions are made, and the main court pathways if detention becomes prolonged. Case law examples illustrate how courts respond to lengthy or indefinite detention. Uncertain: specific timelines for any particular case beyond the statutory review schedule, fees, or program details not in the memo.
Your Core Rights in Detention
Canada’s Charter of Rights and Freedoms applies to everyone in Canada, regardless of immigration status. Key protections engaged by immigration detention include:
Section 7: life, liberty, and security of the person, in accordance with fundamental justice.
Section 9: the right not to be arbitrarily detained.
Section 10(a): the right to be told promptly why you are detained.
Section 10(b): the right to retain and instruct counsel without delay, and to be informed of that right.
You are also entitled to interpretation at hearings, and reasons for decisions must be provided under the legislation.
Counsel, Language Access & Reasons for Detention
Ask to call a lawyer immediately. If you do not fully understand English or French, request an interpreter for every hearing. Officers and the tribunal must ensure you are informed of the grounds for detention; written reasons are required for certain decisions under IRPA.
Mandatory Review Timelines: 48 Hours → 7 Days → Every 30 Days
Your detention must be reviewed by the Immigration Division (IRB) within 48 hours, then within 7 days, and at least every 30 days thereafter. These periodic reviews guard against indefinite detention. At each review, the Division decides whether detention continues or whether release—often with condition —is appropriate.
Since 2014, we’ve guided clients in Toronto through immigration applications, hearings, and court remedies—delivering clear, multilingual support and practical next steps. (Information only—contact us for advice about your case.)
How the Tribunal Decides (and What Helps)
The Immigration Division weighs the statutory grounds for detention (e.g., flight risk, danger to the public, or identity concerns) against alternatives to detention that might reasonably address risk. While the memo does not list specific alternatives, it confirms the Division must consider alternatives at review. A practical release plan often addresses where you will live, how you’ll comply with conditions, and how any identified risks will be managed. Uncertain: the availability or scope of particular release mechanisms in any individual case beyond the general duty to consider alternatives.
If Detention Drags On: Court Remedies
Where detention becomes lengthy or appears indeterminate, Canadian courts can intervene.
Habeas Corpus in Ontario
In Ontario Superior Court, habeas corpus is available to test whether ongoing detention is lawful—especially when there is no realistic prospect of removal or when periodic administrative reviews are not an equally effective remedy. Ontario and Supreme Court jurisprudence recognize this pathway for immigration detainees, and courts examine factors such as length of detention, reasons for delay, foreseeability of removal, diligence by both sides, and whether alternatives could mitigate risk.
Judicial Review in Federal Court
You can seek judicial review of Immigration Division decisions in the Federal Court. This route typically addresses legal or procedural errors. The usual remedy is to quash and remit the decision for reconsideration rather than to order immediate release, so counsel often evaluates this alongside other strategies.
Practical DOs & DON’Ts (Toronto/GTA)
From the memo’s public-facing guide:
DOs
Call a lawyer or duty counsel immediately.
Ask for an interpreter if you need one.
Attend all detention reviews (48h → 7d → every 30d).
Contact your Consulate.
Keep copies of every document.
DON’Ts
Don’t sign documents you don’t understand.
Don’t miss your hearings.
Don’t refuse legal assistance.
Don’t assume detention is indefinite—you can challenge it.
Don’t stay silent about mistreatment—report it.
Consular Support & Legal Aid Ontario
As a foreign national, you can request consular notification and communicate with consular officers, who may visit and assist with coordinating representation. In Ontario, Legal Aid Ontario provides duty counsel and may fund certificates and related services for eligible detainees (including detention reviews and, in some cases, court challenges). Apply right away so that counsel can be available for the 48-hour review. Uncertain: specific financial thresholds or coverage details beyond the memo’s high-level description.
Next Steps & Getting Help
Ask to speak to a lawyer now and request interpretation in your preferred language.
Prepare for the 48-hour review—note dates, gather documents, and be ready to propose reasonable conditions.
If detention continues without a foreseeable end, discuss court options—including habeas corpus—with counsel.
If you are a foreign national, ask for your Consulate to be notified and to assist you.
Disclaimer & Jurisdiction
This article is informational only and reflects Ontario/Canada law and procedures summarized in our internal memo dated September 29, 2025. It is not legal advice. For advice on your situation, consult a lawyer. Last reviewed: September 30, 2025.
FAQs
How soon will my detention be reviewed?
Within 48 hours of detention, then within 7 days, and at least every 30 days thereafter.
Do I have a right to a lawyer and an interpreter?
Yes. You have the right to counsel without delay and to interpretation at hearings. Ask for both immediately.
Is there a maximum time I can be detained?
here is no fixed maximum in Canadian law. Courts may intervene when detention becomes prolonged or indefinite without a realistic prospect of removal.
What can I do if detention keeps getting extended?
Talk to your lawyer about habeas corpus in the Ontario Superior Court and, where appropriate, judicial review in the Federal Court.
Can my Consulate help me?
Yes. Under international rules, you may request consular notification and assistance; consular officers can visit and help coordinate representation.
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