Right to and Role of Counsel

• Author: Martin Jones - Sasha Baglay
• Profession: Centre for Refugee Studies, York University - Centre for Refugee Studies, York University. Faculty of Criminology, Justice and Policy Studies, University of Ontario Institute of Technology
• Pages: 254-265

CHAP TER 9

R IGHT TO AND

ROLE OF COUNSEL

A. INT RODUCTION

The right to representation in refugee proceedings before the Board is

established in the Immigration and Refugee Protection Act (IRPA), whi ch

provides th at:

Both a person who is t he subject of Board proceedings and the Mi nis-

ter may, at their own expen se, be represented by a barrister or sol ici-

tor or other counsel.1

A similar prov ision governs indiv iduals pursuing pre-removal

risk assessments.2 The right to representation in other refugee mat-

ters, includ ing overse as applicat ions, f‌lows from general pri nciples of

common law and constitutional law. With respect to t he latter, Justice

Pinard has found th at the section 7 rights involved in in land refugee

proceedings include “the right to be represented by competent and

careful counsel.”3

1Immigration and Ref ugee Protection Act, S.C., 2001, c. 27, s. 167(1) [IRPA].

2Immigration and Ref ugee Protection Regulations, S.O.R./20 02-227, s. 161(1) [Regu-

lations].

3Mathon v. Canada (M.E.I.) (1988), 38 Admin. L. Rev. 193 at 208 (F.C.T.D.)

[Mathon]. On the fact s of the case, the emphasi s was very much on the term

“competent and careful.”

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