Detention in Canada of asylum claimants for identity determination: a critical review of the literature pertaining to Canada’s immigration detention centres

This paper maps the unconstitutionality of Canada’s legislation regarding asylum claimants. In particular, the paper examines the policies that allow asylum claimant’s detainment in the absence of identification. The aim of this study is twofold. First, it establishes through a meta-synthesis of the literature, gap that exist in the study of immigration detention centers. These studies clearly demonstrate that immigration detention centres are similar to prisons but significantly do not consider the constitutionality of identification requirements that subject asylum claimants to detention. Second, the study demonstrates through a human rights approach that Canadian policies which require refugees to prove their identity prior to claim adjudication violates the asylum claimant’s Charter and fundamental human rights. Canada’s approach, which makes asylum claimants responsible for proving their identity reintroduces the practice of reverse onus. Hence Canadian immigration policies enacted in 2001 (post-9/11), are in violation of the Canadian Charter of Rights and Freedom and in violation of international human rights laws. I suggest that if the government is serious about the human rights of asylum claimants it must create policies that ensure the protection of refugee rights in Canada.