Introduction
This questionnaire is part of the ongoing review being undertaken by the Immigration and Refugee Board of Canada (IRB) to assess and improve its Designated Representative Program. The review is cross-divisional and centered on four pillars: (1) role and responsibilities; (2) recruitment and testing; (3) contracting and remuneration; and (4) training and ongoing assessment.
In administering this questionnaire, we are seeking to gather information on the first of these pillars, allowing us to better define and clarify the appropriate role and responsibilities of designated representatives. The information collected will also assist in the updating of training materials and the review of recruitment and remuneration practices.
Context
Designated representatives are appointed by IRB decision-makers (members) pursuant to subsection 167(2) of the Immigration and Refugee Protection Act (IRPA). A designated representative is not the same as counsel. The role of the designated representative is to represent and protect the interest of subjects of proceedings, when these individuals are:
- under 18 years of age (minor); or
- persons who are unable to appreciate the nature of the proceedings[1]
Designated representatives can be parents, family members, guardians or friends. They can also be persons remunerated by the IRB or working pro bono, including for example lawyers, social workers or refugee advocates.
Furthermore, the role of the designated representative may vary depending on the level of understanding of the minor or the person who is unable to appreciate the nature of the proceedings. Age, maturity, severity of impairment and the complexity of the decisions that need to be made are all factors that can impact an individual’s ability to represent their own interest.
The appointment of a designated representative is made as early as possible in the process to ensure that the interests of the minor or the person who is unable to appreciate the nature of the proceedings are protected from the outset of the process.
1 “Unable to appreciate the nature of the proceedings” means that the person cannot understand the reason for the hearing or the consequences of decisions made by the member. They may also not be able to give meaningful instructions to counsel about their case. The member’s opinion as to whether an individual is unable to appreciate the nature of the proceedings may be based on the person’s own admission, the person’s behavior at the proceeding, or an expert opinion on the state of the person’s mental health or intellectual capacity.
There are 13 questions in this survey.