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Representation for Immigrants and Refugee Claimants - Study Report

This study was undertaken to examine the need that immigrants and refugee claimants have for assistance and representation in relation to legal proceedings under the Immigration and Refugee Protection Act (IRPA).

From responses received in interviews with over 150 respondents who have direct experience in these proceedings, it is evident that the persons who are the subject of the proceedings do need assistance and representation at various stages in the legal process. The level of knowledge that most immigrants and refugee claimants have with respect to the Canadian legal system and with respect to the substantive law applicable to their particular situation is extremely limited. It is therefore totally unrealistic to think that these individuals have the capacity to participate in legal proceedings under the IRPA without some form of assistance and/or representation.

Respondents interviewed for the study focussed most of their comments on issues relating to representation for refugee claimants, as distinct from the immigrant population in general. Persons who immigrate to Canada through regular immigration channels are less likely than refugee claimants to become involved in legal proceedings for which representation is required. These immigrants are also more likely than refugee claimants to have sufficient resources to hire counsel to represent them when required. This is consistent with the fact that over 90 percent of legal aid expenditure in Canada devoted to immigration and refugee matters is directed to providing representation for refugee claimants. Bearing these considerations in mind, the study has been directed primarily to examining the representation needs of refugee claimants.

The study is organized into the following sections:

• Background issues
• Need for representation
• Special needs
• Interpretation and representation
• Knowledge and sophistication of persons concerned
• Sources of information
• Access to representation
• Quality of representation
• Factors influencing clients' choice of representatives
• Desire for an integrated approach to service delivery
• Representation and fairness of processes
• Impact of representation on efficiency of processes

Language: English and French.

Format: This study is available for download in HTML format.