décisions juridique concernant l'immigration au Canada

Enforcement and Offences

with DJP Quebec Immigration Services

The Immigration and Refugee Protection Act (IRPA) has a broad array of control and follow-up measures that enable conducting immigration investigations. In this way, the government ensures that society is protected from individuals whose actions could be detrimental to public health, the protection of people and property, public order or national security. These measures apply to any person who

  • does not hold Canadian citizenship;
  • has violated the Immigration and Refugee Protection Act.

Places Where Control Measures May Apply

  • Abroad
  • At ports of entry at the Canadian border
  • On Canadian territory

Person Living Abroad

Every person residing outside Canada must apply for a visa or Electronic Travel Authorization (eTA) before coming to Canada. Visas are only issued to persons who meet the admission criteria. There may be various reasons for refusing or prohibiting entry into Canada, for example, for security, legal or medical reasons.

Canada has many agreements with other countries and international organizations related to illegal immigration to share information and expertise in the matter and prevent that kind of immigration.

At Ports of Entry at the Canadian Border

Immigration, Refugees and Citizenship Canada (IRCC) officers at the Canadian border may deny entry to a person deemed inadmissible. They have the power to seize travel documents and search people unable to prove their identity.

On Canadian Territory

There are many control and follow-up measures for individuals awaiting Canadian citizenship.

1) Investigations and admissibility hearings

Canada border services officers can investigate every person suspected of violating the Immigration and Refugee Protection Act. Depending on the quantity and quality of evidence of the offence, officers can either make an immediate decision or have the offender appear at an admissibility hearing; that is, a court hearing. The hearing can also be referred to the Trial Division of the Federal Court when the removal case is more complex.

2) Arrest

An individual could be arrested only if there are reasonable grounds to believe that he or she will not attend his or her hearing or will be a potential threat to Canadian citizens. Arrests can be made at a port of entry, within Canada or during an admissibility hearing.

3) Detention

An arrest can lead to detention in a correctional institution or immigration detention centre. Officers are required to inform the individual of his or her rights and provide him or her with the opportunity to be represented by an accredited immigration lawyer or consultant. If the person is in Quebec, he or she can also hire a notary.

4) Removal

In the case of serious offences, an arbitrator or senior immigration officer may issue a removal order. This means that the person must leave the country in accordance with the conditions stated in the notice of removal.

There can be various types of removal orders. For example, a deportation order is a removal order. This means that the person is inadmissible to Canadian territory unless he or she has obtained written authorization from the minister of immigration.

Removal orders can be appealed. All appeals are heard by the Appeal Division of the Immigration and Refugee Board of Canada (IRB).

Additional information or assistance can be obtained by contacting one of our immigration consultants. Do not wait: Time is precious when you are the subject of a removal order. Call us. We will be delighted to help you.