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Welcome to Canada

Canada was built by immigrants. Our country is proudly multi-cultural. Some have stories of the ease of finding themselves in a new home. For others it is a struggle and paramount for any hope of a successful transition is knowing your rights.

Citizens cannot be arrested by immigration officers under any circumstances. That makes sense but not all immigrants find it necessary or worthwhile to keep their Canadian citizenship card with them.

People who have succeeded at their refugee hearings, called 'Protected Persons' and Permanent Residents (landed immigrants) can only be arrested by immigration officers if the officers have a warrant. Should this happen the first step is to ask the arresting immigration officer for access to the warrant. If this happens make sure your name is on it and the warrant is signed.

People without status can only be arrested if the immigration officer knows their name, and has some sound reason to believe that you are inadmissible (i.e. are here without status) and they have reasons to believe you are either a danger to the public or unlikely to show up for hearings, appointments or removal.

Why is the question to ask if an immigration officer stops you. If they can't or won't answer this critical question then immediately tell the officer that you wish to leave.

Canada's legal system isn't perfect. Simply being aware of your rights may not stop mistakes from taking place. One can still be arrested by an immigration officer overstepping his or her bounds. Difficult as it may be it is very important to remain calm and be polite. If the officer is in the wrong getting angry may not help them change their ways.

If you are arrested immediately ask why. Ask to speak to either a lawyer, immigration consultant or a community member who can help you for example someone from your community group, mosque, church etc who will help without wanting to be paid. It is important you take this step before you answer any questions or sign anything. If you ask to talk to a lawyer, consultant or community member, immigration officials know they are supposed to stop asking questions but they can keep you in custody in the meantime.

Help is available but the first step must come from you: know your rights!