Canada Faces Accusations of Chaining Strip-Searching Migrants in Detention

Montreal, Canada – The Canadian government faces a significant lawsuit for allegedly mistreating migrants by detaining them alongside criminal suspects while they await processing of their immigration status. The plaintiffs' lawyers revealed these details on Tuesday, seeking C$100 million ($73.4 million) in damages.

The case highlights severe allegations of migrants being shackled and subjected to strip searches. One migrant described his detention experience as a "living hell," while another recounted the traumatic conditions, including drug use and violent altercations among inmates.

"Immigration detention is administrative detention and should not be punitive in nature," emphasized the plaintiffs' lawyers. The claims were underscored by a ruling from the Superior Court of Ontario province on Friday, which authorized a class-action suit by 8,360 individuals detained by the Canada Border Services Agency (CBSA) between 2016 and 2023 in 87 prisons.

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According to Justice Benjamin Glustein's ruling, foreign nationals, including asylum seekers, who were not accused of any crime, faced conditions identical to those of criminal inmates. This included co-mingling with violent offenders, use of restraints like shackles and handcuffs, strip searches, and severe restrictions on their contact and movement.

Border agents have the authority to detain migrants if there are concerns about their attendance at immigration hearings, doubts about their identity, or if they pose a danger to public safety. However, the lawsuit argues that holding these migrants in provincial jails, rather than immigration facilities, constitutes a violation of their rights.

One of the lawsuit participants, Garcia Paez, who was incarcerated for 13 days in 2021, described his time in jail as traumatic. He reported a violent atmosphere, drug use, and physical assaults among detainees.

Another plaintiff, Tyron Richard, who spent 18 months in a maximum-security prison, shared his harrowing experience, stating, "It was important to me to bring this lawsuit not just for myself but for the thousands of other immigration detainees who, like me, were incarcerated in provincial prisons and treated as if they were criminals despite not even being accused of a crime. I felt an overwhelming sense of helplessness during the 18 months I spent in a maximum-security prison. It was a living hell. I am proud that I am now able to stand up and fight back."

The Canadian government, which can still appeal the ruling, has not yet decided on its next steps.

This lawsuit brings to light the stark and troubling conditions faced by migrants detained in Canada and calls into question the practices and policies of the CBSA. The outcome of this class-action suit could have significant implications for the treatment of migrants and the administration of immigration detention in the country.

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