After nearly seven years trapped in Canada’s immigration detention system, Mahmoud Khalil has finally tasted freedom. The 33-year-old Palestinian man was released this week following a prolonged legal battle that has spotlighted serious concerns about Canada’s immigration detention practices.
“I feel like I’m in a dream,” Khalil told reporters shortly after his release. “For years, I woke up to the same walls, the same restrictions. Now I can see the sky without barriers.”
Khalil’s ordeal began in 2017 when he arrived in Canada seeking asylum after fleeing violence in Gaza. Instead of finding sanctuary, he found himself caught in a bureaucratic limbo that would consume nearly a decade of his life. Canadian authorities deemed him inadmissible on security grounds based on allegations of ties to Hamas—claims Khalil has consistently denied.
The Canada Border Services Agency (CBSA) held Khalil in various provincial jails and immigration holding centers across Ontario for 2,466 days—making his case one of the longest immigration detentions in recent Canadian history. During this time, he was subjected to more than 60 detention review hearings, each resulting in continued confinement.
“What happened to Mr. Khalil represents a fundamental failure of our immigration system,” said Nisha Thampi, Khalil’s lawyer with the Legal Aid Immigration Law Office. “No one should be indefinitely detained without charge or trial in a country that claims to respect human rights.”
Khalil’s release comes after the Federal Court ruled that his continued detention had become arbitrary and violated his Charter rights. Justice Marianne Robertson noted in her decision that “the absence of any reasonable prospect of removal in the foreseeable future renders the ongoing detention punitive rather than administrative in nature.”
The case has drawn comparisons to Canada’s controversial security certificate system, which allows for the indefinite detention of non-citizens deemed security threats based on evidence that neither they nor their lawyers can fully access. Human rights organizations including Amnesty International have criticized these practices as contrary to international law.
According to data from the CBSA, approximately 8,300 people were detained for immigration purposes in 2022-23, with about 40 individuals being held for more than a year. Critics argue that these extended detentions disproportionately affect racialized individuals and those with mental health challenges.
Khalil’s release comes with strict conditions. He must reside at an approved address, respect a curfew, and report regularly to immigration authorities. He cannot leave Ontario without permission and must surrender any travel documents. Despite these restrictions, Khalil expressed profound gratitude for his newfound, if limited, freedom.
“I lost my youth in detention,” Khalil said. “But I refuse to be bitter. I want to build something positive from this experience.”
Immigration experts note that Khalil’s case is part of a troubling pattern in Canada’s immigration system. “The government justifies these detentions as necessary for public safety, but when individuals are held for years without charge or trial, we must question whether the system is functioning as intended,” said Dr. Audrey Macklin, professor of law and chair in human rights at the University of Toronto.
Minister of Public Safety Dominic LeBlanc declined to comment specifically on Khalil’s case but stated that the government remains committed to a “fair and humane immigration system that protects the safety of Canadians.”
As Khalil begins the challenging process of rebuilding his life, his case raises profound questions about the balance between national security concerns and fundamental human rights. In a country that prides itself on welcoming newcomers, how do we ensure that our immigration enforcement mechanisms uphold the values of justice and dignity that Canada claims to champion?
