GBV detention considerations added to IRPR

Summary#

This is a proposed change to the Immigration and Refugee Protection Regulations published by the Canada Border Services Agency on August 15, 2026. It would require decision-makers to explicitly consider whether someone is a victim, survivor, or at risk of gender-based violence when deciding on immigration detention. The proposal is open for comment for 30 days after publication.

What it does#

• Adds a new requirement that people deciding whether to detain or release someone must check if the person is a victim, survivor, or at risk of gender-based violence.
• Lists specific things to look for, including:
  • whether the person says they are a victim or at risk;
  • any evidence or testimony supporting that claim;
  • the person’s care, protection and safety needs; and
  • whether detention could harm their physical, emotional or psychological well‑being.
• Gives decision‑makers some flexibility by allowing “any other relevant factor” to be considered.
• Would be written into the regulations (new paragraph and a new section) so it is part of the formal rules rather than just guidance.

Who's affected#

• Canada Border Services Agency officers and members of the Immigration and Refugee Board of Canada who make detention and release decisions.
• People subject to immigration detention or being considered for detention, including people fleeing abuse, exploitation, or trafficking, and others who may be at risk of gender‑based violence.
• Indigenous people without an automatic right of entry may be affected when facing detention (the proposal says those with the right of entry under the Indian Act are outside detention rules).
• The proposal does not target businesses; small business impacts are expected to be none.

Why it matters#

• It aims to reduce the chance that people who have experienced or are at risk of gender‑based violence are detained without having those circumstances properly weighed.
• The change could lower retraumatization by making trauma‑informed and victim‑centred concerns a formal part of detention decisions.
• The government says it could also help uncover trafficking or abuse cases, which can support investigations and prosecutions.
• The CBSA estimated a modest cost saving of $77,532.22 over 10 years if some people are placed in alternatives to detention, but the agency also says data are limited and the real effects are uncertain.
• This is a proposed regulation, not law yet. Comments are invited for 30 days after publication.