Immigration and Refugee Protection Act

s. 82 Initial review of detention

PART 1: Immigration to Canada
DIVISION 9: Certificates and Protection of Information

Last verified: June 2026 · Source: justice.gc.ca

The law says

IRPA s. 82

(1)A judge shall commence a review of the reasons for the person’s continued detention within 48 hours after the detention begins.

Further reviews of detention — before determining reasonableness

(2)Until it is determined whether a certificate is reasonable, a judge shall commence another review of the reasons for the person’s continued detention at least once in the six-month period following the conclusion of each preceding review.

Further reviews of detention — after determining reasonableness

(3)A person who continues to be detained after a certificate is determined to be reasonable may apply to the Federal Court for another review of the reasons for their continued detention if a period of six months has expired since the conclusion of the preceding review.

Reviews of conditions

(4)A person who is released from detention under conditions may apply to the Federal Court for another review of the reasons for continuing the conditions if a period of six months has expired since the conclusion of the preceding review.

Order

(5)On review, the judge

(a)shall order the person’s detention to be continued if the judge is satisfied that the person’s release under conditions would be injurious to national security or endanger the safety of any person or that they would be unlikely to appear at a proceeding or for removal if they were released under conditions; or
(b)in any other case, shall order or confirm the person’s release from detention and set any conditions that the judge considers appropriate.

Conditions — inadmissibility on grounds of security

(6)If the judge orders the release, under paragraph (5)(b), of a person who is named in a certificate stating that they are inadmissible on grounds of security, the judge shall also impose the prescribed conditions on the person.

No review of conditions

(7)The prescribed conditions imposed under subsection (6) are not subject to review under subsection (4).

Variation of conditions

(8)If a person is subject to the prescribed conditions imposed under subsection (6), any variation of conditions under subsection 82.1(1) or paragraph 82.2(3)(c) is not to result in the person being subject to conditions that do not include those prescribed conditions.

Duration of conditions

(9)The prescribed conditions imposed under subsection (6) cease to apply only when one of the events described in paragraphs 77.1(2)(a) to (e) occurs.

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Sections numbered under s. 82

Each of these is its own section of the Act, numbered after section 82.

IRPA s. 82.1

Variation of orders

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What that means

Detention and release orders can change. If the circumstances behind an order have changed in a real way, either side can ask the judge to adjust it. The six-month count for the next review then restarts from the day the judge decides.

The law says

(1)A judge may vary an order made under subsection 82(5) on application of the Minister or of the person who is subject to the order if the judge is satisfied that the variation is desirable because of a material change in the circumstances that led to the order.

Calculation of period for next review

(2)For the purpose of calculating the six-month period referred to in subsection 82(2), (3) or (4), the conclusion of the preceding review is deemed to have taken place on the day on which the decision under subsection (1) is made.

IRPA s. 82.2

Arrest and detention — breach of conditions

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What that means

A person released in a certificate case can be arrested again. That can happen if a peace officer has reasonable grounds to believe they broke, or are about to break, a condition. They must be brought before a judge within 48 hours. The judge can send them back into detention, confirm the release as it stands, or change the conditions.

The law says

(1)A peace officer may arrest and detain a person released under section 82 or 82.1 if the officer has reasonable grounds to believe that the person has contravened or is about to contravene any condition applicable to their release.

Appearance before judge

(2)The peace officer shall bring the person before a judge within 48 hours after the detention begins.

Order

(3)If the judge finds that the person has contravened or was about to contravene any condition applicable to their release, the judge shall

(a)order the person’s detention to be continued if the judge is satisfied that the person’s release under conditions would be injurious to national security or endanger the safety of any person or that they would be unlikely to appear at a proceeding or for removal if they were released under conditions;
(b)confirm the release order; or
(c)vary the conditions applicable to their release.

Calculation of period for next review

(4)For the purpose of calculating the six-month period referred to in subsection 82(2), (3) or (4), the conclusion of the preceding review is deemed to have taken place on the day on which the decision under subsection (3) is made.

IRPA s. 82.3

Appeal

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What that means

Detention decisions in certificate cases are hard to appeal. An appeal to the Federal Court of Appeal is allowed only if the judge certifies a serious question of general importance. Rulings made along the way cannot be appealed at all.

The law says

82.3 An appeal from a decision made under any of sections 82 to 82.2 may be made to the Federal Court of Appeal only if the judge certifies that a serious question of general importance is involved and states the question. However, no appeal may be made from an interlocutory decision in the proceeding.

IRPA s. 82.31

Appeal by Minister

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What that means

The government has the same quick route on the detention side of a certificate case. If a judge orders secret evidence disclosed, the Minister can appeal right away without a certified question. The order stays frozen until the appeal is decided.

The law says

(1)Despite section 82.3, the Minister may, without it being necessary for the judge to certify that a serious question of general importance is involved, appeal, at any stage of the proceeding, any decision made in the proceeding requiring the disclosure of information or other evidence if, in the Minister’s opinion, the disclosure would be injurious to international relations, national defence or national security or endanger the safety of any person.

Effects of appeal

(2)The appeal suspends the execution of the decision until the appeal has been finally determined.

IRPA s. 82.4

Minister’s order to release

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What that means

The Minister can release someone held in a certificate case at any time, but only to let them leave Canada. The detention ends because the person is going. The case itself has not been resolved.

The law says

82.4 The Minister may, at any time, order that a person who is detained under any of sections 82 to 82.2 be released from detention to permit their departure from Canada.

IRPA s. 81Ministers’ warrant IRPA s. 82.1Variation of orders

s. 82 Initial review of detention

Sections numbered under s. 82

Related sections