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| John L. Hill |
Hassan had been in immigration detention for three years, awaiting deportation. Ontario’s Special Investigations Unit (SIU) cleared two police officers who held his head down to prevent him from spitting and biting. The SIU report noted Hassan had “significant” mental health issues.
Individuals going through immigration or deportation proceedings face difficulties accessing mental health care and support. At the time of Hassan’s death, people who were considered a safety or flight risk could be detained in provincial custody by the Canada Border Services Agency.
Shortly after Hassan died, in 2016, Michael Torres, communications manager of the Schizophrenia Society of Ontario, wrote in a letter to the Toronto Star, “Canada should listen to the growing numbers of groups and individuals calling to end indefinite immigration detention. … Governments can also prioritize access to effective mental health care by increasing funding. … In a country that prides itself on universal health care and an open immigration system, deaths like Mr. Hassan’s are not only shameful, they are entirely avoidable. It is time for lawmakers to live up to the promises our country makes to its citizens, as well as to those who have come here for a better life.”
Many questions about how Hassan came to be in his situation, including what barriers he experienced in accessing mental health care in the community and while in prison, or why he was held in custody indefinitely without any current charges or convictions, have gone unanswered.
According to Human Rights Watch, “Canada has detained tens of thousands of people on immigration-related grounds over the past five years, including children, refugee claimants, migrants in search of employment and a better life, and people who have lived in Canada for decades as permanent residents. Between April 2016 and March 2021, Canada incarcerated approximately 34,000 immigration detainees. Immigration detainees are held exclusively under immigration law — not on criminal charges or convictions — but many experience Canada’s most restrictive confinement conditions, including maximum-security provincial jails and solitary confinement. Immigration detainees can be held for months and even years without end in sight because Canada does not have a legislative limit on the duration of immigration detention. Since 2013, Canada has held up to 1,590 immigration detainees for longer than a year. While this number has decreased significantly in recent years, the Immigration and Refugee Protection Act continues to place detainees at risk of prolonged indefinite detention.”
British Columbia was the first province to refuse to use its jails for immigration detention. Other provinces followed suit.
A press release from Amnesty International this month shared some good news: “In a major victory for migrant and refugee rights, on September 14, Ontario became the last province in Canada to block the Canada Border Services Agency from using provincial jails to incarcerate migrants and asylum seekers on administrative grounds. The border agency said that ‘as of September 15, there are no people detained in a provincial correctional facility.’”
Ontario historically had the largest number of immigration detainees in provincial jails. However, scrutiny intensified after a 2023 coroner’s inquest into Hassan’s death revealed shocking conditions in provincial facilities.
“Ontario joining the other provinces in ending immigration detention in provincial jails is a crucial human rights victory that upholds the dignity and rights of people who come to Canada in search of safety or a better life,” said Samer Muscati, disability rights deputy director at Human Rights Watch. “There is now even more pressure for the federal government to do the right thing and stop this rights-violating system across the country.”
“We thank the provinces for ending the cruel, discriminatory practice of holding people in administrative immigration detention in their jails,” said Ketty Nivyabandi, secretary general of Amnesty International Canada’s English-speaking section. “People seeking safety and opportunity in Canada deserve respect – not jail – as they work to build new lives here.”
Many Canadians have been shocked by the violent treatment and detention of immigrants in the United States under President Trump’s policies. However, Canada’s federal government is heading in a similar direction. In July 2025, the border agency started detaining individuals at a “temporary designated immigrant station” located within a federal prison in Sainte-Anne-des-Plaines, Que.
Ottawa should urgently follow the provinces’ example. It should work toward abolishing immigration detention, stop expanding into federal prisons and increase humane, community-based alternatives that respect rights and uphold Canada’s international commitments.
John L. Hill practised and taught prison law until his retirement. He holds a J.D. from Queen’s and an LL.M. in constitutional law from Osgoode Hall. His most recent book, Acts of Darkness (Durvile & UpRoute Books), was released July 1. Hill is also the author of Pine Box Parole: Terry Fitzsimmons and the Quest to End Solitary Confinement (Durvile & UpRoute Books) and The Rest of the (True Crime) Story (AOS Publishing). Contact him at johnlornehill@hotmail.com.
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