Immigration Detention in Canada: Why CBSA Can Refuse a Cash Bond
Can CBSA refuse an immigration detention cash bond even if the bondsperson has the money? Yes. The source of the money matters.
In Canada (Public Safety and Emergency Preparedness) v Singh, 2026 FC 1028, the Federal Court considered the release of an individual from immigration detention where significant concerns had arisen regarding the proposed bondspersons and the source of their funds.
An earlier release order required a proposed bondsperson to provide a $100,000 cash bond. However, CBSA refused the payment under subsection 47(3) of the Immigration and Refugee Protection Regulations (“IRPR”) because satisfactory evidence establishing the legitimate source of the funds was not provided. The release order therefore never came into force.
Why Does the Source of a Cash Bond Matter?
Subsection 47(3) of the IRPR provides that if an officer has reasonable grounds to believe that money offered as a deposit was not legally obtained, the officer “shall not allow that person to pay a deposit or post a guarantee.” The Federal Court subsequently emphasized that the provenance of funds is relevant when assessing whether someone is an appropriate bondsperson. The Court stated that relevant considerations include:
“(1) the provenance of the funds; (2) the impact or effect of forfeiture on the bondsperson; (3) the degree of influence of the bondsperson on the detainee; and (4) the bondsperson’s understanding of the detainee’s circumstances.”
The Immigration Division later ordered release under a revised plan involving different bonds and bondspersons. However, the Federal Court set that decision aside because, among other issues, the Immigration Division had not adequately grappled with the credibility and financial evidence concerning the proposed bondspersons.
What Does This Mean for Immigration Detention Reviews?
Offering a large cash or performance bond is not enough. The bondsperson, the legitimate source of the funds, their credibility, their relationship with the detainee, and their ability to ensure compliance can all matter. Where the detainee is considered a danger to the public, the Court also confirmed that the release plan must be sufficiently robust to “virtually eliminate” the identified risk.
If you or a family member is being held in immigration detention, or CBSA has refused a proposed cash bond, contact our office to discuss representation at a detention review or potential Federal Court proceedings.