1

By what authority do the Canadian Border Services retain the right to detain and remove an illegal alien?

If no crime is committed but dumb-luck leads to the identification of said alien, how is that loss of life and liberty without due process lawful?

If such standard procedure can be challenged in a civil case, how to initiate a strong lawsuit against Border Services, their private contractors, and/or the Queen in right of Canada?

2

The power to detain is granted by Division 6 of the Immigration and Refugee Protection Act.

  • Thanks, @Dale. Is it unlawful to hike along ancient first nation trails, which happen to cross borders? If not, at what point after crossing the border does it begin to be unlawful? It was made clear in this case that there was no criminality. So, it must be a civil action of prima facie? If so, are there other examples of civil actions that lawfully allow the detainment and/or deportation of people from their homes? – irth Jan 24 '16 at 17:04
  • Thanks, @Dale. Would you agree that the essential language of authority is in (1.1)(2): "The Immigration Division may order the detention of a permanent resident or a foreign national if it is satisfied that the permanent resident or the foreign national is the subject of an examination or an admissibility hearing or is subject to a removal order and that the permanent resident or the foreign national is a danger to the public or is unlikely to appear for examination, an admissibility hearing or removal from Canada." – irth Jan 26 '16 at 15:18
  • If so, please, can you help me understand the function where I become -- subject -- as in, "..is the subject of an examination or an admissibility hearing or is subject to a removal order.."? – irth Jan 26 '16 at 15:21

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