Section 170 — Expedited hearings — RPD
Text of provision
The Refugee Protection Division, in any proceeding before it,
(a) may inquire into any matter that it considers relevant to establishing whether a claim is well-founded;
(b) must hold a hearing;
(c) must notify the person who is the subject of the proceeding and the Minister of the hearing;
(d) must provide the Minister, on request, with the documents and information referred to in subsection 100(4);
(d.1) may question the witnesses, including the person who is the subject of the proceeding;
(e) must give the person and the Minister a reasonable opportunity to present evidence, question witnesses and make representations;
(f) may, despite paragraph (b), allow a claim for refugee protection without a hearing, if the Minister has not notified the Division, within the period set out in the rules of the Board, of the Minister’s intention to intervene;
(g) is not bound by any legal or technical rules of evidence;
(h) may receive and base a decision on evidence that is adduced in the proceedings and considered credible or trustworthy in the circumstances; and
(i) may take notice of any facts that may be judicially noticed, any other generally recognized facts and any information or opinion that is within its specialized knowledge.
Plain English
Section 170 sets out specific procedural requirements for RPD hearings, including that the RPD must give claimants and the Minister notice of a hearing, allow them to present evidence and make submissions, question witnesses, and receive a written decision with reasons.
The RPD may, in prescribed circumstances, determine a claim without a hearing — typically where the claim is accepted based on documentary evidence and the circumstances of the claim make a hearing unnecessary.
Practical effect
The right to an oral hearing at the RPD is fundamental to refugee protection in Canada. Most claims are heard orally before a single member. The expedited/paper process (no hearing) is used primarily for straightforward cases where the RPD is prepared to grant protection without an adversarial hearing. For complex claims — particularly those with significant credibility issues — the oral hearing is essential to allow the claimant to explain inconsistencies and present their case.