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Last verified: June 2026 · Source: justice.gc.ca← Back to Law Explorer
IRPRPART 14 Detention and Release
r.244

Factors to be considered

Detention
🍁 In Simple Terms

The gateway to the detention rules. Whenever the question is whether somebody should be held, three things are being assessed: whether they are unlikely to show up, whether they are a danger to the public, and whether their identity has been established. The lists that follow (245 and 246) set out what an officer actually weighs on the first two.

Affects: Foreign nationals and permanent residents in Canada
Legal Text: IRPR Regulation 244

244 For the purposes of Division 6 of Part 1 of the Act, the factors set out in this Part shall be taken into consideration when assessing whether a person (a)is unlikely to appear for examination, an admissibility hearing, removal from Canada, or at a proceeding that could lead to the making of a removal order by the Minister under subsection 44(2) of the Act; (b)is a danger to the public; or (c)is a foreign national whose identity has not been established.

IRPA Authority
In Practice
Official Source: Justice Canada: IRPR r. 244 (authoritative, may differ from this display)
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