In the weeks and months that followed, the government continued to detain many of the 76 migrants under its power of investigatory detention. In January 2010, the government sought to hold secret hearings to present evidence that they needed more time to investigate suspicions of inadmissibility, since it did not have any evidence showing that the detainees posed a risk to public safety.
Nonetheless, following the filing of an abuse of process complaint by some of the migrants, the government authorized the release of all of the remaining detainees while their asylum applications are pending.
“Given that the government had no evidence showing that the refugees posed any danger to Canada, it is incredible that they were held in detention for months,” said Holmes.
“Canada needs to ensure that the migrants now landing in British Columbia are not subjected to the same unjustified detentions.”