Get Legal Representation

When should I get a legal representative?

Try to get a legal representative before starting your refugee claim. If this is not possible, get one as soon as you can before your hearing is scheduled. That way you and your representative have lots of time to prepare.

What can a legal representative do?

• Let you know if you can make a refugee claim, and if it is a good idea for you
• Explain the terms Convention Refugee and Person In Need of Protection and which parts apply to you
• Assist you with what to put in the BOC Form
• Tell you what evidence you need to gather
• Review your evidence and send it to the IRB-RPD
• Communicate with the IRB-RPD (and the Minister if they are involved)
• Prepare you for your hearing and help you practise answering questions
• Support you at your hearing and help you present your claim to the IRB-RPD 
• Explain your decision from the IRB-RPD and tell you what your next steps or options are

Who can represent me?

These people can represent (act for) you during your refugee claim:

• Lawyer
• Immigration consultant
• Notary public (in Quebec)
• Licensed paralegal (in Ontario)

Choose your legal representative carefully. Will they listen carefully to you? Will they make time for you? Do they always show up? Are they honest? Do they charge the right amount of money? If you are unsure, ask a trusted settlement worker about them.

Law Societies and Professional Organizations

You want to trust that your legal representative is guiding you well and giving you good advice. Check that they are a member of their professional organization.

Here is the link to the law society in your province:

• Law Society of Alberta 
• Law Society British Columbia
• Law Society of Manitoba
• Law Society of New Brunswick
• Law Society of Newfoundland and Labrador
• Nova Scotia Barristers’ Society
• Law Society of Ontario
• Law Society of Prince Edward Island
• Barreau du Quebec
• Law Society of Saskatchewan

If you hire an immigration consultant, make sure they are a member of The College of Immigration and Citizenship Consultants. Immigration consultants must be certified to practise before the IRB. You can check the Public Register to verify an immigration consultant’s status.

If you hire a paralegal in Ontario, check their record with the Law Society of Ontario.

If you hire a notary in Quebec, check their record with the Chambre des notaires du Québec.

Representative without a fee

You are allowed to have someone you trust (such as a family member or friend) give you free help with your claim. This person is called a “representative without a fee.” But always try to get a legal representative.

How do I get a legal representative?

• Ask your settlement agency for names. 
• Speak to a few different legal representatives to see if you like them. Read reviews about them.
• If you do not have money for legal help, ask Legal Aid or non-profit legal clinics for a free or low-cost representative.

Legal aid and legal clinics

Click on your province below to find what low-cost or free legal services may be available.

Role of a legal representative

Your legal representative should:

• Set a date to meet with you about your claim, where they:
  • tell you about their legal experience
  • ask you about your claim and listen to your story
  • explain the laws you need to know
  • tell you about your options
  • tell you how long the process will take
  • explain the next steps
• Explain how you will stay in contact with each other
• Read and respond to your telephone or email messages
• Answer your legal questions
• Tell you what evidence you need for your claim
• Review your evidence and send it to the IRB-RPD
• Meet with you to prepare you for your hearing
• Prepare any witnesses for your hearing
• Show that they are ready for your hearing
• Get an interpreter for meetings and for your hearing, if needed
• Let you know if they make a mistake
• Listen to your ideas and follow your instructions (or if they disagree, explain why)
• Come to your refugee hearing organized and prepared

Your role as the client

Even if you have a legal representative, this is still YOUR claim. Your role as the client is to:

• Give your legal representative any evidence and documents they ask for and any new information you have. Do not send anything to the IRB-RPD without talking to them first.
• Share any important news about your country with them.
• Read and respond to their telephone or email messages.
• Read documents or information they give you.
• Share with them any documents or letters you get from IRCC, CBSA or IRB-RPD.
• Make sure they know your current contact information and where to leave messages.
• Ask for help when you need it.
• Talk about any disagreement you have.
• Be honest so they can help you in the best way.
• Keep your documents organized and take note of any tasks you are asked to do.
• Be on time for any appointments and hearings.

What your legal representative should not do

Your legal representative should not:

• Stop contacting you
• Send in a form without their name on it as your representative
• Tell you to lie or leave out information on any document
• Suggest that you use false documents or evidence
• Ask you to sign a blank or incomplete form 
• Refuse to explain what they are doing, answer your questions, or give you copies of your documents and forms
• Refuse to do what you ask without a good reason
• Act unprofessional (for example, be rude or impatient with you)
• Promise that you will be successful in your refugee claim. Only the IRB-RPD decides if you get to stay in Canada. Be careful if they say that they “know someone” at IRCC, the IRB-RPD, or a Canadian embassy.

Concerns about your legal representative

You may get worried that your legal representative is not doing their job properly. If you can, try to talk to them to solve the problem. If that does not help:

• If you have a legal aid lawyer, contact your local legal aid office. Sometimes you can change your legal aid lawyer if you have a good reason. If legal aid lets you change, you must tell your lawyer in writing and they will give your documents to the new lawyer.
• If your representative works in a company, ask their supervisor to help you. 
• Contact your representative’s professional organization for help.

What your interpreter should do

The main role of an interpreter is to make sure everyone can understand each other clearly. 

Interpreters should:

• Translate exactly or as closely as possible. They should not add anything or leave anything out.
• Never show if they agree or disagree with something.
• Keep everything that is said private.

Your interpreter should not: 

• Give you legal advice or explain things without first getting permission from the speaker.
• Say what they think you meant, or shorten or expand what you say.

If you think the interpreter made a mistake or you do not understand something, tell your legal representative, the Member, or the officer.