Each year, thousands of people are detained in Canada on immigration grounds, many of whom are fleeing persecution and traumatic experiences. However, instead of finding safety, these individuals often face an unjust system that deprives them of their rights, particularly those with disabilities. A new Human Rights Watch report has exposed serious violations of legal capacity within Canada’s immigration detention system, highlighting how marginalized detainees are often silenced rather than protected.
The Case of Prosper Niyonzima: A System That Fails the Vulnerable
Prosper Niyonzima, a survivor of the Rwandan genocide, experienced nearly five years in Canadian immigration detention, including two years in solitary confinement. His suffering reached a breaking point when he had a severe mental health crisis, leaving him catatonic. Instead of receiving the necessary support, he became trapped in a system that was unequipped to address his needs.
After his crisis, the tribunal responsible for his detention review hearings determined that he was “unable to appreciate the nature of the proceedings.” As a result, the system appointed a designated representative to make legal decisions on his behalf. This person, whom Niyonzima never met, was empowered to communicate with detention authorities, hire and instruct his lawyer, and provide evidence and testimony for him at hearings.
For years, his monthly detention review hearings proceeded with his designated representative standing in for him. Stripped of his legal capacity and basic autonomy, Niyonzima lost control over his own life. Even after his release, the trauma lingered. “Detention destroyed everything,” he recalled. “I never thought this would happen in Canada.”
Systemic Failures: Discrimination and Prolonged Detention
The Human Rights Watch report reveals that Canada’s immigration detention system frequently discriminates against people with disabilities. Many detainees endure prolonged detention and solitary confinement, which only worsens existing mental health conditions.
Authorities claim that the designated representative framework is designed to protect marginalized detainees. However, in reality, this system often silences them instead. The Immigration and Refugee Board has unchecked power to determine whether a detainee—particularly those with intellectual, developmental, cognitive, or psychosocial disabilities—is “unable to appreciate the nature of the proceedings.” These assessments are often based on mere observations rather than thorough evaluations.
Once a person is labeled incapable, a designated representative is appointed. These representatives hold immense legal power, making decisions that profoundly affect detainees’ lives without consulting them. In many cases, the detainee has no way to challenge or change their representative, even if they can communicate their concerns.
The Consequences of Unchecked Power
While designated representatives can provide essential support, the current framework allows them to act with little oversight. Their training, competence, and involvement vary widely, yet their legal authority remains vast. Some representatives rarely communicate with detainees, while others align with detention authorities instead of advocating for their clients.
The case of Niyonzima illustrates the dangers of this system. According to an independent auditor, the presence of his designated representative gave the tribunal a false sense that due process was being followed. Without the ability to participate in their own legal cases, detainees with disabilities are denied justice and further marginalized.
The Need for Urgent Reform
Canada’s immigration detention system requires an immediate shift towards a more humane and rights-based approach. Human Rights Watch has consistently called for Canada to abolish immigration detention altogether, starting with the immediate end of detaining individuals in correctional facilities. Instead, authorities should implement community-based alternatives that provide necessary support, such as housing, healthcare, and legal assistance, without punitive restrictions.
In the meantime, the federal government must urgently reform the role of designated representatives. The system should transition from a substitute decision-making model—where representatives make decisions for detainees—to a supported decision-making model. Under this approach, representatives would assist detainees in making their own choices, ensuring their autonomy and dignity are respected.
A Story of Resilience and Hope
Despite the immense challenges he faced, Niyonzima’s story is also one of resilience. After his release in 2016, he reconnected with his community, regained his ability to speak, and rebuilt his life. He got married, had children, and continues to live in Canada.
“When I was in detention, I didn’t know that change could come,” he said. “But I can now say that the impossible is possible.”
Canada must confront the deeply rooted discrimination against people with disabilities within its immigration detention system. The government has a responsibility to align its policies with human rights principles, ensuring that marginalized individuals are protected rather than silenced. Ending immigration detention and embracing a supportive, rights-based approach is the essential first step towards justice.
