Section 167 — Right to counsel
Text of provision
(1) A person who is the subject of proceedings before any Division of the Board and the Minister may, at their own expense, be represented by legal or other counsel.
(2) If a person who is the subject of proceedings is under 18 years of age or unable, in the opinion of the applicable Division, to appreciate the nature of the proceedings, the Division shall designate a person to represent the person.
Plain English
Section 167(1) provides that a person who is the subject of proceedings before any division of the IRB, and the Minister, may, at their own expense, be represented by a barrister or solicitor or other counsel. Section 167(2) provides that an interpreter shall be provided if the person is not proficient in either official language and such a request is made.
The right to counsel at the IRB is not state-funded for most proceedings — Legal Aid is available in some provinces but not universally.
Practical effect
The practical availability of counsel significantly affects outcomes at the IRB. Studies consistently show that represented claimants have higher acceptance rates at the RPD than unrepresented claimants. For unrepresented claimants, IRB members are expected to assist in ensuring procedural fairness, but this does not cure the disadvantage of not having expert legal advice. Refugee Legal Aid is available in Ontario, Quebec, and British Columbia, but access varies and legal aid certificates may not be granted in all cases.