Chairperson Guideline 8 — Procedures with Respect to Vulnerable Persons Appearing Before the IRB — provides a comprehensive framework for identifying vulnerable persons and for adapting IRB proceedings to meet their needs. The Guideline applies to all four IRB divisions and is designed to ensure that vulnerable persons can participate meaningfully in proceedings.

A "vulnerable person" for the purposes of the Guideline is a person whose ability to participate meaningfully in an IRB proceeding is impaired as a result of physical, psychological, or medical factors, including the impact of trauma, age, disability, or other circumstances.

• IRPA s 159(1)(h) — Chairperson's authority to issue guidelines
• Procedural fairness — the duty of procedural fairness underlies the Guideline; a person who cannot meaningfully participate in a proceeding due to vulnerability has not received a fair hearing
• IRPA s 162(2) — the IRB shall deal with all proceedings before it as informally and quickly as the circumstances and considerations of fairness and natural justice permit

Identifying vulnerability

The Guideline provides guidance on identifying vulnerability. Vulnerability may be identified by:

• Counsel or the designated representative making a request for vulnerable person status in advance of the hearing
• The IRB member on their own initiative, based on observations at the hearing or pre-hearing communications
• IRCC or CBSA providing information to the IRB about the person's circumstances

Vulnerability is not the same as the merits of the case — a person can be found to be a vulnerable person regardless of whether their claim is ultimately successful. The vulnerability determination affects only how the proceeding is conducted, not its outcome.

Accommodations available

The Guideline lists a range of accommodations that may be made for vulnerable persons:

• Allowing a support person to be present in the hearing room during testimony
• Breaks during testimony to allow the person to compose themselves
• Allowing testimony by videoconference to reduce the stress of appearing in person before the decision-maker
• Conducting the hearing in a non-standard setting to reduce formality and intimidation
• Adapting questioning techniques — using simple, clear language; avoiding confrontational questioning; not requiring the person to elaborate on traumatic events beyond what is necessary for the determination
• Referring the person to mental health or other support services before or after the hearing
• Postponing or adjourning a hearing where the person's condition makes participation impossible at the scheduled time

Credibility and vulnerability

The Guideline requires members to take vulnerability into account when assessing credibility. A vulnerable person may:

• Have difficulty recounting traumatic events in a linear, coherent narrative
• Exhibit memory gaps, inconsistencies, or emotional reactions that should not automatically be treated as indicators of dishonesty
• Have delayed reporting or disclosure of key facts due to shame, fear, or psychological impact

The Guideline emphasises that members must not discount the evidence of a vulnerable person on the basis of presentation difficulties that are consistent with trauma, mental health conditions, or other vulnerability factors.

Counsel should identify and raise vulnerability as early as possible — ideally at the time of filing or before the hearing is scheduled — to give the IRB time to make necessary arrangements. A last-minute vulnerability request may be difficult to accommodate.

Guideline 8 applies to adults as well as children. While Guideline 3 covers specific procedural requirements for minors, Guideline 8 applies to any person whose ability to participate is impaired — including adults with PTSD, severe depression, or other conditions affecting their ability to testify. The two guidelines should be applied together where a child claimant is also identified as a vulnerable person.

The Guideline is available at the IRB guidelines page.