Canada’s Alternative to Immigration Detention Program: A Soft-Law Instrument

Announced in 2016, the Government of Canada introduced the alternatives to immigration detention program (ATIDP), which provides conditional release to non-citizens being detained in Canada’s immigration detention system. This paper will outline the details and operations of the ATIDP, providing readers with an understanding of the specific alternatives offered within the ATIDP, the referral process to the ATIDP, the application of the ATIDP at the Immigration and Refugee Board, and some identified challenges and impacts of the program. Additionally, this research seeks to define the respective role of the Canada Border Services Agency and the Immigration and Refugee Board as it pertains to the governance of the ATIDP. This paper will illustrate that the ATIDP is a ‘soft-law’ immigration policy applied within an administrative legal framework. Thus, creating a set of complex issues pertaining to discretionary control of the ATIDP, access to fair and just alternatives, and the role of the CBSA within immigration detention.