Canadian Refugee Procedure, 167 - Right to counsel and representation by a designated representative

IRPA Section 167

The legislative provision reads:

Right to counsel
167 (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.

Representation
(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.

Commentary

While subsection 167(1) of the IRPA sets out the right to be represented by counsel, the right to counsel is constrained by section 91 of the IRPA which provides, in effect, that only those lawyers, notaries, or immigration consultants who are “in good standing” with their regulatory body may represent or advise a person for consideration in connection with an application or proceeding under the IRPA: Canadian Refugee Procedure/91-91.1 - Representation or Advice.

For a discussion of the right to counsel and issues that arise related thereto, see the commentary under the RPD Rule on Counsel of Record: Canadian Refugee Procedure/RPD Rules 14-16 - Counsel of Record. For a discussion of issues related to designated representatives, see the commentary under the relevant rule: Canadian Refugee Procedure/RPD Rule 20 - Designated Representatives.

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