In a significant stride for migrant and refugee rights, Ontario has become the final province in Canada to prohibit the Canada Border Services Agency (CBSA) from utilizing provincial jails for the detention of migrants and asylum seekers based on administrative grounds. This groundbreaking decision, announced on September 14, signals a pivotal change in how Canada treats individuals navigating its immigration system. As of September 15, the CBSA confirmed that no individuals are currently detained in provincial correctional facilities.
Historically, Ontario has housed the largest number of immigration detainees in provincial jails, a situation that drew intense scrutiny following a coroner’s inquest into the 2015 death of Abdurahman Hassan. The inquest revealed harrowing conditions within these facilities, prompting widespread calls for reform.
In response to increasing concerns, Human Rights Watch and Amnesty International Canada launched the #WelcomeToCanada campaign in October 2021, urging provincial governments to abolish the practice of detaining migrants in jails. This campaign has garnered the support of hundreds of advocates, lawyers, healthcare providers, faith leaders, and individuals who have experienced immigration detention firsthand. Beyond individual testimonials, over 30,000 Canadians have written directly to authorities advocating for the end of this practice.
Critics of the use of provincial jails for immigration detention have long argued that it is not only punitive but also fundamentally inconsistent with international human rights standards. The mental health implications of such detention are severe, particularly for marginalized groups. A 2021 report indicated that racialized individuals, especially Black men, face more restrictive conditions and longer detention periods compared to their counterparts. Additionally, those with disabilities often encounter discrimination throughout the immigration detention process.
The international community is also taking note. In March, the United Nations Committee on the Rights of Persons with Disabilities urged Canada to safeguard the legal capacity rights of individuals with disabilities in detention and called for an outright end to immigration detention. Following this, in August, the UN Working Group on Arbitrary Detention expressed alarm at Canada’s plans to use federal correctional facilities for immigration detention in its report after visiting the country.
Despite these international criticisms, the federal government has been moving in the opposite direction. In July 2025, the CBSA began incarcerating detainees at a newly established “temporary designated immigrant station” within a federal prison in Sainte-Anne-des-Plaines, Quebec. This development raises serious concerns about the government’s commitment to upholding human rights standards and the potential for further entrenchment of punitive detention policies.
In light of Ontario’s recent decision, it is imperative for Ottawa to emulate the provinces’ progressive stance. The federal government must work towards abolishing immigration detention altogether, cease its expansion into federal prisons, and instead invest in humane, community-based alternatives that respect individual rights and uphold Canada’s international obligations.
As Canada grapples with its immigration policies, the end of immigration detention in provincial jails represents a crucial turning point. Advocates continue to call for a just and equitable immigration system that prioritizes the dignity and rights of all individuals, regardless of their immigration status. The momentum generated by this victory serves as a reminder that change is possible when communities unite to demand justice and compassion in the treatment of migrants and refugees.
