Human rights organizations concerned about refugees were shocked to learn of the death of Lucia Vega Jimenez, a Mexican woman held in custody by the Canada Border Services Agency at the Vancouver International Airport in December.

Information about this tragic death was made public only after a news agency broke the story last week. There has been no public explanation from the CBSA for what happened, whether anything could have been done to prevent the death, and what steps are being taken to determine whether there was any failing on the part of CBSA officials who were responsible for her care while she was in custody. This tragic case underlines the fact that there is absolutely no independent oversight of CBSA to which the family can seek recourse.

Border services officers are given extraordinary powers — they are police who can arrest foreign nationals without a warrant and can order their detention. Once people are detained by CBSA, they become the agency’s responsibility. Moreover, because they have not been charged with an offence in most cases, the detention facilities must reflect the fact that the purpose of detention is to ensure compliance with the immigration legislation — not to punish. Once detained, CBSA has a duty to ensure the health and safety of its detainees.

Yet despite the broad police powers given to CBSA, there is no independent oversight of the activities of its officers. There is no formal complaint process. There is no procedure whereby a person aggrieved as a result of the conduct of CBSA officers can seek an independent review. There is no independent civilian investigation of potential wrongdoing or negligence when someone is injured or, as in this sad case, dies while in CBSA custody. In a society bound by the rule of law, it is deeply disturbing that officials with such wide-ranging powers are not subject to any independent oversight.

The tragic case of Lucia Vega Jimenez highlights the urgent need for the immediate implementation of independent oversight. How is it possible that the fact that a woman died in CBSA custody was withheld from the public for one month? How is it possible that even now there is no public explanation for what happened? Have other persons died in custody and have other deaths been covered up?

The public must be given full disclosure of what happened. There must be a full accounting of what led to her death, whether there was any failure on the part of those who had her in custody, why CBSA failed to disclose her death to the public, and an explanation of what steps CBSA is taking to ensure this never happens again.

The death of Vega Jimenez is in some ways not an isolated event. Although there are no other known cases where people have died in CBSA custody, there are many other instances where CBSA officers have abused their authority. Refugee lawyers have heard from their clients about instances in which CBSA officers have entered premises without legal authority, have used excessive force or engaged in other forms of inappropriate behaviour.

But at the present time, there is simply no one to complain to — other than the CBSA itself. Across Canada, governments have decided that complaining to the police about police conduct isn’t good enough, and that’s why there are independent police complaints bodies. Why should CBSA, an organization with similar powers, be any different?

Let’s be clear. There are many decent officers at CBSA who work hard to enforce the law. But like every law enforcement agency that employs thousands of people, there will inevitably be those who abuse their power.

Given the sweeping authority imparted to CBSA officers under our immigration legislation, it is simply unacceptable that there is no public independent review or investigation mechanism. Urgent federal action is needed to fill this gap.

Josh Paterson is executive director of the British Columbia Civil Liberties Association. Lesley Stalker is an immigration and refugee lawyer in Vancouver, B.C., and a member of the Executive of the Canadian Association of Refugee Lawyers.

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