Toronto man sues Canada Border Services over alleged wrongful detention

A Toronto man is suing Canada Border Services Agency, claiming he was wrongfully held in immigration detention for more than a month, even though he’s Canadian.

What makes the case unusual is that Gabriel Chan was born to a Canadian father, but had not made an application to declare his Canadian citizenship until after his arrest, following a fare dispute at a GO Transit train station last September. He was held at the immigration holding centre in Rexdale for 38 days.

“I feel my rights were violated. I did not deserve to be held in detention for 38 days. They should have released me as soon as they received the documentation that proves my status,” the 32-year-old graphics artist said in an interview.

CBSA would not comment on the lawsuit, but confirmed Chan was detained from Sept. 7 to Oct. 14. The agency has not yet filed a statement of defence.

Born and raised in the Philippines, Chan is a dual American and Canadian citizen, a right he inherited from his biological parents. However, he only reconnected with his birth father, Benjamin Esguerra, and his seven half-siblings for the first time when he visited Canada at the age of 16.