Chairperson Guideline 3 — Child Refugee Claimants: Procedural and Evidentiary Issues — provides guidance to RPD (and other IRB division) members on handling proceedings involving minors. The Guideline recognises that children have unique needs as parties to immigration proceedings — their capacity to understand the process, their ability to provide reliable testimony, and their vulnerability to trauma and re-traumatisation all require specific accommodation.

The Guideline applies to all IRB divisions but is most often invoked at the RPD, where child refugee claimants are heard. Members at the IAD, ID, and RAD should also apply the Guideline with appropriate modifications where a proceeding involves a minor.

• IRPA s 159(1)(h) — Chairperson's authority to issue guidelines
• IRPA s 167 — mandatory designated representative for persons under 18 or unable to appreciate the nature of proceedings
• RPD Rules r 20 — designated representative requirements
• UN Convention on the Rights of the Child — Canada is a signatory; the Guideline reflects the principle of the best interests of the child

Designated representative

The Guideline requires that the ID, RPD, RAD, and IAD appoint a designated representative for any minor party (under 18). The Guideline provides that the designated representative must not be the minor's legal counsel and must have no conflict of interest. The representative must be capable of understanding and participating in the proceedings on the minor's behalf.

Child-appropriate hearing procedures

The Guideline directs members to adapt their hearing conduct to be appropriate for children:

• Questions should be framed in simple, direct language appropriate for the child's age and maturity
• Hearings should be conducted at a pace that does not overwhelm the child
• The physical environment of the hearing should be as non-intimidating as possible (e.g., members may sit at the same level as a child rather than at a raised bench)
• Support persons (in addition to the designated representative) may be permitted in the hearing room
• Members may take breaks as needed to manage the child's distress

Credibility considerations

The Guideline emphasises that standard adult credibility assessment approaches may not be appropriate for children. Members should:

• Take into account developmental stages in memory formation — children may recall events differently from adults and inconsistencies may not indicate dishonesty
• Not apply adult standards of recall and narrative coherence to children's testimony
• Consider the impact of trauma, age, and cultural background on the child's ability to describe events

Unaccompanied minors

The Guideline provides specific guidance for unaccompanied minors — children who are making refugee claims without a parent or guardian present in Canada. For unaccompanied minors, the IRB must identify and appoint a suitable designated representative (not a parent, by definition) as a priority step before any proceedings can proceed.

Guideline 3 is publicly available at the IRB guidelines page. Counsel representing child claimants should be familiar with the Guideline and should raise procedural accommodation requests with the RPD in advance of the hearing. Late requests may be refused if the RPD cannot accommodate them on short notice.

The Guideline interacts with Chairperson Guideline 8 (Vulnerable Persons), which addresses broader vulnerability accommodations including for adults who have experienced trauma. Where a child claimant is also classified as a vulnerable person under Guideline 8, both guidelines should be applied.