Beyond ‘Humane’ Alternatives: The Invisible Violence of Alternatives to Detention for Women in Canada

Guest post by Dr. Falak Mujtaba. Falak is a scholar, researcher, writer, and educator. She received her PhD from the University of Toronto. Her work focuses on incarceration/detention, migration, borders and citizenship. Her forthcoming book, The Detention Continuum in Canada, will be published by McGill-Queens University Press in late 2025. She is a Lecturer in the Critical Studies in Equity and Solidarity department at the University of Toronto.

This post is part of a thematic series in occasion of the 16 Days of Activism Against Gendered Violence. 

In 2018, Canada introduced Alternatives to Detention (ATD) as a supposedly more humane approach to managing people whose right to stay in the country was under review. Before that, these people were held in immigration detention. The Canada Border Services Agency (CBSA) may detain individuals for several reasons, including their inability to prove their identity, the potential risk of fleeing the country, posing a danger to others, or failing to attend immigration hearings. These rules are set out by the Immigration and Refugee Protection Act. 

The 16 Days of Activism Against Gender-Based Violence highlights the need to address all forms of violence, including those that are less obvious. In this post, I draw on my doctoral research to demonstrate how ATD may cause hidden harm, focusing on how formerly detained women experience many forms of structural harm that can be understood as gender based violence in the context of ATD.

Alternatives to Detention (ATD)

Canada’s National Immigration Detention Framework (NIDF) was introduced in 2016 to address human rights criticisms of detention practices. As part of this framework, ATD was implemented to offer community-based options for people considered low-risk. These alternatives often involve monitoring tools such as electronic ankle bracelets, voice reporting, and community-based supervision. 

When someone is detained, the Immigration and Refugee Board (IRB) reviews their case within 48 hours to see if ATD is suitable; that is, CBSA officers or IRB members decide if a person is low risk and can be released into the community under alternative measures. ATD is especially considered for vulnerable people or children. The case is reviewed again throughout their detention to check if anything has changed. 

ATD has been criticized for replacing physical detention with constant surveillance through technology. However, ATD also causes hidden harms in other ways that are not technology based, such as emotional pain, social isolation, and the ongoing fear of being re-detained or deported. It also exposes women to gender based violence.      

The Impact of ATD on Formerly Detained Women

My research included interviews with formerly detained women who revealed that ATD does not alleviate the systemic violence they face inside immigration detention. While many women reported experiencing gendered violence in detention, echoing research findings in other settings (see for example Victoria Canning’s work in the UK), I found that gender based violence was also prevalent among women participating in the alternatives to detention (ATD) program. The women I interviewed described feeling trapped in precarious circumstances, including exploitative labor, housing instability, abusive relationships and ongoing legal uncertainty, all while lacking the necessary support and resources they need to rebuild their lives.

Although Canada’s Gender-Based Analysis Plus (GBA Plus) framework is designed to address inequalities linked to gender, race, and immigration status, ATD does not fully incorporate a consideration of the specific challenges women face. Also, the CBSA does not provide detailed data about gender, making it harder to understand and address these unique problems faced by women. 

Yasmeen’s Journey: Hidden Violence Under ATD 

Yasmeen's story is reflective of the struggles shared by many women I interviewed. Fleeing domestic violence and civil unrest in South Asia, she arrived in Canada with her children, seeking safety and a chance to rebuild their lives. However, upon arrival, they were detained. Section 60 of IRPA allows children’s detention as a last resort. Yasmeen and her children were held in a prison-like immigration holding center (IHC) in Toronto, a facility unfit for children or survivors of trauma.

While in detention, Yasmeen was allegedly subjected to invasive searches and was sexually assaulted by male officers, compounding the trauma she had already experienced. She was detained just before the introduction of ATD measures in 2018. Following the implementation of these measures, she and her children were released from detention but this did not bring her the relief she had anticipated. 

Under ATD, Yasmeen was able to work, but life remained tough. Although she got a work permit, the jobs she secured were unstable, poorly paid, and had unfavorable conditions. Many migrants, like Yasmeen, face unfair work circumstances. Yasmeen had to frequently check-in with CBSA, which made it hard to keep a job because she might miss work for these appointments. Missing work meant losing pay. As a mother, it was hard for Yasmeen to balance work with caring for her children. She did not have family or friends in Canada for support. While she received welfare assistance, it was insufficient to meet her family's needs. Because her immigration status was uncertain, Yasmeen felt unsure about her future. This uncertainty made life difficult for her and her family while they awaited a decision on their case.

Lacking education, work experience, and financial independence, Yasmeen was dependent on others for support, which left her vulnerable in an abusive relationship. Her partner used her legal status to exert control over her. Fearing that seeking help could lead to re-detention or deportation, she endured the abuse in silence. As a mother, Yasmeen struggled to protect her children, which led to emotional and psychological distress, further isolating her. Yasmeen's story shows that ATD not only shifts the violence but also fails to address the underlying issues.

Conclusion: Beyond Alternatives, Towards Abolition

As we mark the 16 Days of Activism against Gender Based Violence, it is vital to recognize the need for systemic change in addressing violence, especially within the immigration detention system, including the ATD program. It is crucial to move beyond reform and advocate for the complete abolition of immigration detention to break the ongoing cycles of violence. This requires replacing punitive policies with proactive, community-driven support systems that allow vulnerable women to heal and thrive, free from the ongoing harm of systemic control and neglect.

This blog entry is based on a forthcoming chapter titled “The Gendered Slow Violence of Alternatives to Detention in Canada,” in the edited volume Gender and the Coercive State: Feminist Penality Policy Across the Globe, edited by Ballesteros-Peña, A. and Bustelo, M., and published by Palgrave Macmillan.