You or your counsel may ask the Member to consider releasing you from detention. To support your request you may propose conditions that you will follow. This is known as an “Alternative to Detention”. Your release plan should include conditions that are related to the reason why you are being detained. Examples of some conditions are:
- reporting to immigration authorities on a set schedule,
- living with a specific person, or
- avoiding drinking alcohol or taking drugs.
The member will decide which conditions are necessary in your specific case.
The member may also decide to include a bond in addition to the conditions of release. There are two types of bonds: cash bonds and performance bonds. The bondsperson (also called the guarantor) is the person who provides the bond. That person can be a friend or family member, for example. At your hearing, the CBSA representative and the member may ask your proposed bondsperson for information. This information will help the member decide if that person is suitable to be a bondsperson.
When you prepare for your hearing some of the things you should consider are:
- How much money could be available for the bond, and how much he or she is offering;
- Any other information you can provide to help the member decide, such as your relationship with the bondsperson, and why you feel he or she will help you respect your conditions of release.
You should also make sure that the bondsperson is available to answer questions at your hearing.
Cash bond (or deposit)
If the member orders a cash bond, you or another person (a bondsperson) must pay a deposit (an amount of money) to the government. This is to make sure you respect all the conditions of your release. If you do not respect the conditions, the Government of Canada will keep the money and the CBSA may arrest and detain you again. If you respect all the conditions of release throughout their duration then the money can be reimbursed to the person who deposited it.
Performance bond (or guarantee)
If the member orders a performance bond, your bondsperson must sign a document that is a promise to pay an amount of money. This is a promise that you will respect all the conditions of your release. If you do not respect the conditions, the Government of Canada will collect the money from your bondsperson and the CBSA may arrest and detain you again.
A bondsperson is a trustworthy person who can make sure that you respect the conditions of your release. To provide a performance bond, your bondsperson must be a Canadian citizen or a permanent resident of Canada. They must also be able to show that they can afford to pay the bond and that they can make sure you respect the conditions of your release.