Immigration Division

Overview

A. SUPERVISION

The Toronto Bail Program BP accepts requests from all sources: lawyers, consultants, family members, friends, detainees, Members of the Immigration Division and CBSA officials (Hearings Officers, Removal Officers, CBSA Management).

This process is in place to help ensure the objectivity and autonomy of the Program. It is a non aligned, non-governmental organization but is also not an advocate for a detainee. The TBP seeks to balance safety to the public and lawful compliance concerns against the liberty rights of a detainee. The Immigration Division and CBSA have come to trust and reply on the professionalism of the TBP staff undertaking this balancing process.

Once referred to the TBP, staff will gain access to a detainees file with Canada Border Services and/ or Canada Immigration, conduct in depth interviews with the detainee, and may, at its discretion, solicit information from family members, friends, and possible sureties.

The issues for TBP to decide are whether a detainee is likely to comply with release conditions, which may include a number of requirements such as abiding by all aspects of the law, a residency component, regular reporting to TBP, CBSA, for hearings, interviews or for removal from Canada and other conditions.

Detainees with psychiatric and/ or drug related issues, create special considerations for TBP and must be prepared to accept release conditions which may also include treatment modalities.

Eligibility

B. ELIGIBILITY

Although anyone can request involvement of the TBP immigration division, not all detainees will be approved into the program. The following list of criteria relied on by the TBP is not comprehensive, and may include other factors, such as availability of program resources and staff, which change from time to time based on case load. However, this list does cover some of the more important factors considered for entry into auspices of the TBP.

Criteria may include:

1. Detainee must be cooperating with CBSA re: Travel Document and Removal from Canada.
2. The Detainee does NOT have the resources to meet Traditional Forms of Release (ie-No family/community support or family/community support is Not sufficient either financially and/or in ability to exert control over the Detainee).
3. Must be detained under IRPA, under a Removal Order and facing a real prospect of Removal.
4. Removal is Not Imminent.
5. Generally must live in GTA – TBP interviews at: Immigration Holding Centre (IHC), Maplehurst, Vanier, Toronto East Detention Centre (TEDC), Penetang (CNCC), Lindsay (CECC).
6. Must be able to physically report to TBP office downtown Toronto.
7. Must be able to demonstrate that he/she can reliably support themselves in the community.
8. History of Compliance with both: a) Criminal Justice System (Bail Conditions, Probation, Parole & TBP-Criminal Division) and; b) CBSA/Immigration is considered.
9. Willingness and Ability to comply with a Release Plan, including voluntarily leaving the country when so directed by CBSA.
10. Will not pose a danger to the public.
11. Is prepared to engage in treatment modalities stipulated in release order for drug and or mental health issues.
12. Foreign Nationals with outstanding charges are usually only considered once Crown has decided not to stay charges for removal from Canada.

Submit a Request

To submit an immigration request, email us at general@tbpimmigration.com with the following information:

• Full name
• Date of birth
• UCI Number
• Overview of case deatils
• Next detention review
• Location