Right to and Role of Counsel
Author | Sasha Baglay/Martin Jones |
Pages | 314-328 |
314
CHAPTER 9
RIGHT TO AND
ROLE OF COUNSEL
A. INTRODUCTION
The right to representation in refugee proceedings before the Immi-
gration and Refugee Board (IRB) is established in the Immigration and
Refugee Protection Act. The Act provides:
Both a person who is t he subject of Board proceedings and the Min is-
ter may, at their own expen se, be represented by a barrister or solici-
tor or other counsel.1
A similar provision governs individuals pursuing pre-removal risk
assessments.2 The right to representation in other refugee matters, in-
cluding overseas applications, flows from general principles of com-
mon law and constitutional law. With respect to the latter, Pinard J has
found that the section 7 Charter rights involved in inland refugee pro-
ceedings include “the right to be represented by competent and careful
counsel.”3 Note that this provision neither guarantees that a claimant
1 SC 2001, c 27, s 167(1) [IRPA].
2 Immigration and Refugee Protection Regulations, SOR/2002-227, s 161(1) [Regula-
tions].
3 Mathon v Canada (Ministe r of Employment and Immigration) (1988), 38 Admin
LR 193 at 208 (TD) [Mathon]. On the facts of the c ase, the emphasis wa s very
much on the term “competent an d careful.”
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