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Canada is releasing immigration detainees at ‘unprecedented’ rates amid COVID-19 fears – Global News

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The number of immigration detainees held in provincial jails and immigration holding centres across Canada has dropped by more than half since COVID-19 was declared a global pandemic, according to data provided to Global News.

And recent decisions from the Immigration and Refugee Board of Canada (IRB), the administrative tribunal that presides over immigration refugee matters, show how fears over COVID-19 are playing a significant role in some rulings to release immigration detainees.

On March 17, there were 353 immigration detainees held in provincial jails and immigration holding centres across Canada, according to data from the Canada Border Services Agency (CBSA).

By April 19, that number dropped by more than half to 147 detainees, 117 of whom were being held in provincial jails. The remaining 30 were held in one of Canada’s three immigration holding centres located in Toronto, Laval, Que., and Surrey, B.C.

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READ MORE: The number of detainees held in Canada’s immigration holding centres is declining amid COVID-19 fears

“We would never normally see such a dramatic drop in detention (detainees) in such a short period of time. That’s unprecedented,” said Swathi Sekhar, an immigration and refugee lawyer based in Toronto. 

A number of legal and advocacy groups have been calling for the release of immigration detainees and people held in jails and prisons who are not deemed risks to public safety due to the rising number of COVID-19 cases in these facilities, and the conditions there that make it difficult to isolate and control the spread of infection.

The majority of the immigration detainees held in jails are located in Ontario, which has been grappling with COVID-19 cases in its correctional facilities. Thousands of inmate in Ontario jails have been released in recent weeks as the province grapples with the outbreak.

Thirty-three of the 117 immigration detainees held in provincial jails as of April 19 were detained at the Maplehurst Correctional Complex in Milton, a combined maximum-security jail for remanded prisoners and a medium/maximum-security jail for convicted offenders serving sentences of less than two years.

READ MORE: COVID-19 not a ‘get-out-of-jail-free card,’ B.C. judge rules

Foreign nationals and permanent residents can be detained — sometimes indefinitely — by CBSA officers if the person is deemed unlikely to appear for an immigration proceeding like a hearing, if the person is deemed a threat to public safety or if the person’s identity is under question. Most detainees are held on the grounds that they are unlikely to appear for proceedings or because of questions over their identity.

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Immigration detainees are held on administrative and not criminal grounds like a typical jail or prison inmate. Immigration detainees can be held in one of Canada’s three immigration holding centres, which resemble medium-security prisons, or in provincial jails across the country, depending on the circumstances of their case, or if there is no immigration holding centre in that part of the country.

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Last month, the Canadian government enacted an emergency order under the Quarantine Act that prohibits entry by individuals into Canada for the purpose of claiming refugee protection.

This new order has reduced the number (of) asylum seekers remaining in Canada or being detained,” a CBSA spokesperson said in an email. “Also, since a lot of our admissions into (immigration holding centres) or provincial facilities are directly related to traveller volumes, it is not unexpected to see the overall number of admissions go down.”

READ MORE: Coronavirus fears spark calls for migrants to be released from B.C. holding centre

Recent detention review decisions provided to Global News from the IRB show how COVID-19 is being factored into determining whether or not to release someone from immigration detention. 

One IRB decision from April 3 involves a Colombian man who had been detained in the Toronto immigration holding centre since Jan. 23 because he was deemed a danger to the public and unlikely to appear for his removal from Canada to Colombia. However, he was released on a bond in large part due to the risk of being exposed to COVID-19 while in detention. He was ordered to abide by a number of strict conditions as part of his release.

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The IRB decision-maker, Jacqueline Swaisland, stated that the man, Angelo Rincon, has a history of non-compliance with immigration laws “at least in three countries” and has also violated criminal laws in Canada and the United States. This includes a conviction for possessing a controlled substance for the purpose of selling, another conviction related to a number of break-and-enters in the Greater Toronto Area last year and possession of property obtained by crime.

The decision-maker said that while Rincon was deemed a danger to the public due to his criminal history, “I find the danger that you pose to be at the low end of the spectrum” because of the limited sentences he had received for his convictions, his “stated remorse under sworn testimony” and “the fact that there has been no violence in the commission of any of the offences you have been involved in…”  






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COVID-19: Preventing prison outbreaks in Canada


COVID-19: Preventing prison outbreaks in Canada

In determining whether to release Rincon from detention, Swaisland stated that Rincon had already been held in detention for more than two months, something that weighs in his favour, and “with respect to anticipated length of detention [it’s] agreed by all parties that at this point it is unknown because of the COVID-19 pandemic.” 

“And it could be long given Canada is currently not enforcing removals and given that Columbia is not permitting the repatriation of even (its) own nationals and it is not clear how long that will go on for given the current COVID-19 pandemic,” Swaisland stated.

Last month, the CBSA temporarily halted deportations of people whose refugee or immigration claims had been rejected, with the exception of serious criminal cases that will be evaluated on a case-by-case basis. 

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The decision goes on to note that Rincon’s counsel provided “significant documentation” on the risks that someone in detention faces and his own fears associated with his potential exposure to the virus in the facility due to an underlying condition. TVO reported last month that an employee at the Toronto holding centre had contracted COVID-19 and had been in self-isolation. 

“I find that the risk that you face are not at the same level of detainees in correctional facilities (particularly) given that there is such a limited number of the detainees currently being housed at the immigration holding centre, 15 as of today and given the significant steps that are being taken to reduce the risks to individuals being detained at the holding centre currently,” Rincon’s decision states. 

“(But) even though the immigration holding centre is taking significant precautions, they are not perfect. And you still have a high risk of exposure and significant restrictions on your ability to self-isolate in a manner that the documentary evidence seems to suggest that is required with this virus.”






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Correctional Service of Canada takes steps to prevent COVID-19 entering prisons


Correctional Service of Canada takes steps to prevent COVID-19 entering prisons

COVID-19 is also cited in an IRB decision from March 30 involving a Chilean woman who had been detained at the Toronto immigration holding centre since March 17 because she was deemed unlikely to appear for her immigration proceedings. The decision states that the woman may be released from detention as long as she abides by a number of conditions, including living at a shelter and reporting regularly to the CBSA.

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Her identity and some of the details of the decision are redacted, as she has a pending refugee claim, which is subject to privacy rules. The decision notes that the woman’s refugee claim is on hold for the time being, and proceedings will resume “once the pandemic is addressed and the Immigration and Refugee Board begins to hear and process claims again.”

“You are now waiting for your (refugee) hearing which under normal circumstances can be a long process and everything is delayed now due to the pandemic,” the decision-maker, Julia Huys, said to the woman.

READ MORE: Judges release growing number accused of violent crimes due to COVID-19 fears

Huys goes on to describe the elevated risk of exposure to COVID-19 among detainees. 

“I am taking note that the conditions in the immigration holding centre may be better than provincial jail but I find only slightly,” Huys said.

“So detained people will come into contact with many others including detainees, other detainees, guards, staff, and movement in and out of people … from the immigration holding centre. And I am also taking very seriously the fact that there has now been a case of COVID-19 at the immigration holding centre with one of the staff.”

An IRB spokesperson said in an email to Global News that it’s “open to decision-makers to consider any relevant factors in determining whether detention is justified, including COVID-19 and its potential risks to detained individuals.” 

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The IRB also noted that its immigration division is “entertaining requests from parties for early detention reviews, for example to consider alternatives where the person detained may have a vulnerability that places them at elevated risk from the virus or any cases with an alternative to detention.”

Questions about COVID-19? Here are some things you need to know:

Health officials caution against all international travel. Returning travellers are legally obligated to self-isolate for 14 days, beginning March 26, in case they develop symptoms and to prevent spreading the virus to others. Some provinces and territories have also implemented additional recommendations or enforcement measures to ensure those returning to the area self-isolate.

Symptoms can include fever, cough and difficulty breathing — very similar to a cold or flu. Some people can develop a more severe illness. People most at risk of this include older adults and people with severe chronic medical conditions like heart, lung or kidney disease. If you develop symptoms, contact public health authorities.

To prevent the virus from spreading, experts recommend frequent handwashing and coughing into your sleeve. They also recommend minimizing contact with others, staying home as much as possible and maintaining a distance of two metres from other people if you go out.

For full COVID-19 coverage from Global News, click here.

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© 2020 Global News, a division of Corus Entertainment Inc.

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Alouettes receiver Philpot announces he’ll be out for the rest of season

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Montreal Alouettes wide receiver Tyson Philpot has announced he will be out for the rest of the CFL season.

The Delta, B.C., native posted the news on his Instagram page Thursday.

“To Be Continued. Shoutout my team, the fans of the CFL and the whole city of Montreal! I can’t wait to be back healthy and write this next chapter in 2025,” the statement read.

Philpot, 24, injured his foot in a 33-23 win over the Hamilton Tiger-Cats on Aug. 10 and was placed on the six-game injured list the next week.

The six-foot-one, 195-pound receiver had 58 receptions, 779 yards and five touchdowns in nine games for the league-leading Alouettes in his third season.

Philpot scored the game-winning touchdown in Montreal’s Grey Cup win last season to punctuate a six-reception, 63-yard performance.

This report by The Canadian Press was first published Sept. 12, 2024.

The Canadian Press. All rights reserved.



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Tua Tagovailoa sustains concussion after hitting head on turf in Dolphins’ loss to Bills

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MIAMI GARDENS, Fla. (AP) — Miami Dolphins quarterback Tua Tagovailoa sustained a concussion for the third time in his NFL career, leaving his team’s game Thursday night against Buffalo after running into defensive back Damar Hamlin and hitting the back of his head against the turf.

Tagovailoa remained down for about two minutes before getting to his feet and walking to the sideline after the play in the third quarter. He made his way to the tunnel not long afterward, looking into the stands before smiling and departing toward the locker room.

The Dolphins needed almost no time before announcing it was a concussion. The team said he had two during the 2022 season, and Tagovailoa was diagnosed with another concussion when he was a college player at Alabama.

Dolphins coach Mike McDaniel said Tagovailoa would get “proper procedural evaluation” and “appropriate care” on Friday.

“The furthest thing from my mind is, ‘What is the timeline?’ We just need to evaluate and just worry about my teammate, like the rest of the guys are,” McDaniel said. “We’ll get more information tomorrow and take it day by day from here.”

Some players saw Tagovailoa in the locker room after the game and said they were encouraged. Tagovailoa spoke with some players and then went home after the game, McDaniel said.

“I have a lot of love for Tua, built a great relationship with him,” said quarterback Skylar Thompson, who replaced Tagovailoa after the injury. “You care about the person more than the player and everybody in the organization would say the same thing. Just really praying for Tua and hopefully everything will come out all right.”

Tagovailoa signed a four-year, $212 million extension before this season — a deal that makes him one of the highest-paid players in the NFL — and was the NFL’s leading passer in Week 1 this season. Tagovailoa left with the Dolphins trailing 31-10, and that was the final score.

“If you know Tua outside of football, you can’t help but feel for him,” Bills quarterback Josh Allen said on Amazon following the game. “He’s a great football player but he’s an even greater human being. He’s one of the best humans on the planet. I’ve got a lot of love for him and I’m just praying for him and his family, hoping everything’s OK. But it’s tough, man. This game of football that we play, it’s got its highs and it’s got its lows — and this is one of the lows.”

Tagovailoa’s college years and first three NFL seasons were marred by injury, though he positioned himself for a big pay bump with an injury-free and productive 2023 as he led the Dolphins into the playoffs. He threw for 29 touchdowns and a league-best 4,624 yards last year.

When, or if, he can come back this season is anyone’s guess. Tagovailoa said in April 2023 that the concussions he had in the 2022 season left him contemplating his playing future. “I think I considered it for a time,” he said then, when asked if he considered stepping away from the game to protect himself.

McDaniel said it’s not his place to say if Tagovailoa should return to football. “He’ll be evaluated and we’ll have conversations and progress as appropriate,” McDaniel said.

Tagovailoa was hurt Thursday on a fourth-down keeper with about 4:30 left in the third. He went straight ahead into Hamlin and did not slide, leading with his right shoulder instead.

Hamlin was the player who suffered a cardiac arrest after making a tackle during a Monday night game in January 2023 at Cincinnati, causing the NFL to suspend a pivotal game that quickly lost significance in the aftermath of a scary scene that unfolded in front of a national television audience.

Tagovailoa wound up on his back, both his hands in the air and Bills players immediately pointed at him as if to suggest there was an injury. Dolphins center Aaron Brewer quickly did the same, waving to the sideline.

Tagovailoa appeared to be making a fist with his right hand as he lay on the ground. It was movement consistent with something that is referred to as the “fencing response,” which can be common after a traumatic brain injury.

Tagovailoa eventually got to his feet. McDaniel grabbed the side of his quarterback’s head and gave him a kiss on the cheek as Tagovailoa departed. Thompson came into the game to take Tagovailoa’s spot.

“I love Tua on and off the football field,” Bills edge Von Miller said. “I’m a huge fan of him. I can empathize and sympathize with him because I’ve been there. I wish him the best.”

Tagovailoa’s history with concussions — and how he has since worked to avoid them — is a huge part of the story of his career, and now comes to the forefront once again.

He had at least two concussions during the 2022 season. He was hurt in a Week 3 game against Buffalo and cleared concussion protocol, though he appeared disoriented on that play but returned to the game.

The NFL later changed its concussion protocol to mandate that if a player shows possible concussion symptoms — including a lack of balance or stability — he must sit out the rest of the game.

Less than a week later, in a Thursday night game at Cincinnati, Tagovailoa was concussed on a scary hit that briefly knocked him unconscious and led to him being taken off the field on a stretcher.

His second known concussion of that season came in a December game against Green Bay, and he didn’t play for the rest of the 2022 season. After that, Tagovailoa began studying ways where he may be able to fall more safely and protect himself against further injury — including studying jiu-jitsu.

“I’m not worried about anything that’s out of my hands,” McDaniel said. “I’m just worried about the human being.”

___

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Too much? Many Americans feel the need to limit their political news, AP-NORC/USAFacts poll finds

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NEW YORK (AP) — When her husband turns on the television to hear news about the upcoming presidential election, that’s often a signal for Lori Johnson Malveaux to leave the room.

It can get to be too much. Often, she’ll go to a TV in another room to watch a movie on the Hallmark Channel or BET. She craves something comforting and entertaining. And in that, she has company.

While about half of Americans say they are following political news “extremely” or “very” closely, about 6 in 10 say they need to limit how much information they consume about the government and politics to avoid feeling overloaded or fatigued, according to a new survey from the Associated Press-NORC Center for Public Affairs Research and USAFacts.

Make no mistake: Malveaux plans to vote. She always does. “I just get to the point where I don’t want to hear the rhetoric,” she said.

The 54-year-old Democrat said she’s most bothered when she hears people on the news telling her that something she saw with her own eyes — like the Jan. 6, 2021, attack on the U.S. Capitol — didn’t really happen.

“I feel like I’m being gaslit. That’s the way to put it,” she said.

Sometimes it feels like ‘a bombardment’

Caleb Pack, 23, a Republican from Ardmore, Oklahoma, who works in IT, tries to keep informed through the news feeds on his phone, which is stocked with a variety of sources, including CNN, Fox News, The Wall Street Journal and The Associated Press.

Yet sometimes, Pack says, it seems like a bombardment.

“It’s good to know what’s going on, but both sides are pulling a little bit extreme,” he said. “It just feels like it’s a conversation piece everywhere, and it’s hard to escape it.”

Media fatigue isn’t a new phenomenon. A Pew Research Center survey conducted in late 2019 found roughly two in three Americans felt worn out by the amount of news there is, about the same as in a poll taken in early 2018. During the 2016 presidential campaign, about 6 in 10 people felt overloaded by campaign news.

But it can be particularly acute with news related to politics. The AP-NORC/USAFacts poll found that half of Americans feel a need to limit their consumption of information related to crime or overseas conflicts, while only about 4 in 10 are limiting news about the economy and jobs.

It’s easy to understand, with television outlets like CNN, Fox News Channel and MSNBC full of political talk and a wide array of political news online, sometimes complicated by disinformation.

“There’s a glut of information,” said Richard Coffin, director of research and advocacy for USAFacts, “and people are having a hard time figuring out what is true or not.”

Women are more likely to feel they need to limit media

In the AP-NORC poll, about 6 in 10 men said they follow news about elections and politics at least “very” closely, compared to about half of women. For all types of news, not just politics, women are more likely than men to report the need to limit their media consumption, the survey found.

White adults are also more likely than Black or Hispanic adults to say they need to limit media consumption on politics, the poll found.

Kaleb Aravzo, 19, a Democrat, gets a baseline of news by listening to National Public Radio in the morning at home in Logan, Utah. Too much politics, particularly when he’s on social media sites like TikTok and Instagram, can trigger anxiety and depression.

“If it pops up on my page when I’m on social media,” he said, “I’ll just scroll past it.”

___

Sanders reported from Washington. David Bauder writes about media for the AP. Follow him at http://x.com/dbauder.

The AP poll of 1,019 adults was conducted July 29-August 8, 2024, using a sample drawn from NORC’s probability-based AmeriSpeak Panel, which is designed to be representative of the U.S. population. The margin of sampling error for all respondents is plus or minus 4.0 percentage points.

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