Section 175 — General offences — IRB proceedings
Text of provision
(1) The Immigration Appeal Division, in any proceeding before it,
(a) must, in the case of an appeal under subsection 63(4), hold a hearing;
(b) is not bound by any legal or technical rules of evidence; and
(c) may receive and base a decision on evidence adduced in the proceedings that it considers credible or trustworthy in the circumstances.
(2) In the case of an appeal by a permanent resident under subsection 63(4), the Immigration Appeal Division may, after considering submissions from the Minister and the permanent resident and if satisfied that the presence of the permanent resident at the hearing is necessary, order the permanent resident to physically appear at the hearing, in which case an officer shall issue a travel document for that purpose.
Plain English
Section 175(1) creates summary conviction offences for any person who (a) contravenes a lawful order of the Board; (b) prevents or obstructs the Board in carrying out its duties; or (c) gives false or misleading evidence under oath at a proceeding before the Board.
The offences carry penalties of fines and potential imprisonment, reinforcing the authority of the IRB to conduct its proceedings without interference.
Practical effect
Prosecutions under s 175 are rare — most compliance issues with the IRB are handled through procedural consequences within the proceeding rather than criminal charges. However, the offence of giving false evidence under oath (essentially perjury before the IRB) is taken seriously and can result in both criminal prosecution and adverse consequences in the immigration proceeding. Obstruction of the Board is most relevant in the context of removal proceedings where a person actively prevents CBSA from executing a removal.