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Detention and Deportation in Canada

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The article I chose for the critical analysis was securing borders: "Detention and Deportation in Canada." The author of the article is Ana Phratt. It was published in 2005 on the university of British Columbia press. In this article the author explains the issues relating to who gains access to the country and under what circumstances should an individual be deported and held in detention. The article also highlights the procedure, environment and atmosphere in the detention centers in Canada, especially Celebrity Inn. Celebrity Inn is part hotel and part immigration detention center. The article states that the facility lacks ventilation and terrible air quality due to the permanently sealed windows, which can create bad health conditions. The individuals kept here are non-citizens of Canada who have found violating the Immigration law. The article also gives an example of Michael Akhimien who died inside the detention center; the point of mentioning this incident was to throw light on the poor environment in the detention centre. Besides having diabetic diseases Micheal was thrown in the solitary confinement several times. No good medical treatment was given which could prove micheal’s medical condition. Phratt concludes that micheal died in the zone of exclusion which is immigration detention, where no norms, no regulations or laws apply. Phratt also increasingly argues that in such detention centers correct standards of justice and rights were not fully obeyed. The non-citizens held in the detention centers, their cases were not carefully justified and administered. She also mentions that after the 9-11 incident in the neighbor country, the coercive function has highly increased. One of main arguments highlighted was increasing practice of neo-liberalism which takes a different turn regarding this matter, which ana suggests should be questioned. She also blames Canada of being a racist, moral and ideological bias due to which the immigration officials were suspected of demonization regarding the treatment of refugee claimants and other detainees. She agrees that detainees who are considered a threat to the local community should be held in such detention centers but emphasizes that healthy treatment and right to legal help for these individuals is necessary. The detainees under the Canadian law have no right to get free legal representation, however if they can afford they are allowed to get legal counsel but the legal aid as mentioned in the article is limited. The legal services on the other hand are not efficiently provisioned because it’s handled provincially and not federally. The parliament divides the justification of detention on two grounds, firstly a person who is considered a danger or threat to the society will be detained. Secondly a person is likely to be detained if that person creates suspicion of not appearing for inquiry or examination. These are two main reasons mentioned that force detentions, other reasons are rarely considered. The IRPA and Regulations have given more power to the immigration officers and have given more importance to identity based detentions. If a immigration officer is suspicious of a person’s identity or is not able to get the proper documentation, then the person can be detained right away even without a warrant. This change has made satisfaction of the immigration a top priority. Detention time period has also been a great concern. The statistics show that the national detention days have gradually increased from 1998 to 2003. Although there has been a sharp increase detention days after the 9-11 incident. Phratt states that the federal court has taken this in account and has urged that the length of detention to be reasonable for whatever situation or grounds exist. Detaining people for longer t

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