UN Experts Highlight Concerns Over Arbitrary Detention in Canada

“Bail conditions must be tailored more closely to individual circumstances, and unnecessary criminalization of bail breaches should be avoided,” the experts emphasized.

UN experts from the Working Group on Arbitrary Detention have commended Canada for its positive systems aimed at preventing arbitrary detention. However, they raised serious concerns about the continued overrepresentation of Indigenous Peoples, racial minorities, and other vulnerable groups in the criminal justice system.

“Despite efforts to address their overrepresentation in the criminal justice system, these groups continue to be detained at alarming rates,” the Working Group stated, following a 12-day visit to Canada. They noted significant improvements such as the reduction in youth detention and the standard procedure of presenting arrestees before judicial officers within 24 hours. However, they pointed out inefficiencies in the bail system, including overly stringent bail conditions that disproportionately affect marginalized communities.

“Bail conditions must be tailored more closely to individual circumstances, and unnecessary criminalization of bail breaches should be avoided,” the experts emphasized.

Systemic Racism and Over-Incarceration

The experts highlighted that the high detention rates of Indigenous Peoples are linked to systemic racism, over-policing, over-prosecution, and over-incarceration. Despite governmental initiatives to address these issues, the Working Group noted that systemic factors rooted in colonialism continue to perpetuate the cycle of incarceration and socio-economic marginalization.

Similar concerns were raised regarding people of African descent, who are also overrepresented in detention. The experts urged the Canadian government to intensify efforts to combat all forms of discrimination.

Need for Comprehensive Rehabilitation

The experts stressed the importance of comprehensive rehabilitation for detainees, especially those from marginalized communities, to reduce recidivism. They called for effective support in housing, healthcare, education, and employment to ensure successful reintegration into society.

Solitary Confinement and Psychosocial Disabilities

Although Canada has formally ended solitary confinement, the experts noted that structured intervention units still deprive detainees of meaningful human interaction. Many detainees suffer from serious psychosocial disabilities, exacerbated by incarceration, and substance abuse is prevalent among the incarcerated population. The experts found treatment options to be variable and often inadequate.

Detained Migrants

The plight of detained migrants, who have not been charged or convicted of any crime, remains a major concern. The experts criticized the lack of independent oversight of the Canada Border Services Agency and the absence of a maximum term for migration detention. They welcomed the end of migration detention in provincial jails but were alarmed by plans to use federal correctional facilities for detaining migrants purely based on their migration status.

Visits and Next Steps

The Working Group delegation, including members Matthew Gillett, Ganna Yudkivska, and Priya Gopalan, visited Ontario, Alberta, British Columbia, and Quebec. They met with federal and provincial authorities, parliament members, lawyers, civil society representatives, and other stakeholders. The delegation visited 17 places of deprivation of liberty and interviewed around 103 detainees.

A final report on the visit will be presented to the Human Rights Council in September 2025.

This report aims to shed light on areas needing improvement to ensure that Canada's detention practices align with international human rights standards, ensuring fairness and justice for all, especially the most vulnerable.