In this important study, authors Hanna Gros and Paloma van Groll and editor Renu Mandhane shine the light of
day on a contemporary manifestation of this callousness – the detention by Canada of thousands of persons every
year, a substantial number of them in common jails. Beyond its truly massive scale, the study shows that migrant
incarceration by Canada often operates in something approaching a legal “black hole” – for example, that key
decisions, including the decision to detain in a provincial jail, are made without legislative authority.
The study concludes that Canada’s approach to migrant detention often amounts to a violation of international duties to avoid
arbitrary detention, cruel, inhuman, or degrading treatment, and discrimination; and, perhaps most important, that it fails to
live up to the internationally binding commitment to ensure an effective remedy for conduct in violation of those norms.