Interim Order - Smedley Prescod

In the matter of:  Smedley Prescod

Date of decision: September 27, 2018

Panel: Benjamin R. Dolin

Competency review - Interim order


[1] Mr. Smedley Prescod is an immigration consultant and member of the Immigration Consultants of Canada Regulatory Council. He represents people in connection with Immigration and Refugee Board proceedings.

[2] In December 2017, the Chairperson of the Immigration and Refugee Board issued a delegation of power pursuant to section 159(2) of the Immigration and Refuge Protection Act (IRPA). The delegation instrument authorized me to convene a proceeding with respect to the competency of Mr. Prescod and to take any appropriate remedial action that I may regard as necessary to protect the integrity and effectiveness of Board proceedings. Such actions may include prohibiting Mr. Prescod from appearing as counsel before the Board.

[3] This proceeding, commonly referred to as a Rezaei proceeding,Note 1 was initially scheduled for June 8, 2018. At that time, Mr. Prescod was to appear to respond to concerns expressed about his conduct representing clients before the Immigration Division, the Immigration Appeal Division and the Refugee Protection Division. Mr. Prescod was provided with the names and file numbers of the pertinent files, as well as a summary of his alleged deficiencies as counsel. However, he did not appear for that hearing, claiming via a last-minute fax to the Board that he was too ill to attend. He subsequently filed a doctor’s note, which simply states that “he was unable to work and/or attend school due to medical reasons.” A new date was eventually set, in consultation with Mr. Prescod, for September 21, 2018. On the morning of September 21, 2018, Mr. Prescod called the Board and indicated that he would again not be attending his hearing due to illness.

[4] Mr. Prescod was notified in April 2018 that he should provide his disclosure and a list of witnesses, if any, at least 20 days prior to the hearing date. Any preliminary submissions were also to be provided within this time frame. Despite that notice, Mr. Prescod has not filed any documents or submissions with respect to this conduct review, nor has he indicated that he intends to call any witnesses.

[5] I have not made any findings of fact at this time with respect to the allegations facing Mr. Prescod, due to his failure to provide evidence or attend the proceedings.


[6] The allegations concerning Mr. Prescod’s conduct before the Board are serious. It is important that they be addressed to ensure the integrity of the Board’s processes and to protect the public.

[7] As such, following his failure to appear for his September 21, 2018 hearing, I make the following order:

  1. Mr. Prescod’s competency hearing is adjourned sine die. Mr. Prescod may apply to the Board to set the matter down for a new hearing date.
  2. Until further order of the Board, Mr. Prescod is prohibited from representing or appearing on behalf of any person before any Division of the Board, whether for compensation or not.

Signed: Benjamin R. Dolin

Date: September 27, 2018


Note 1

Rezaei v. Canada (MCI) and the IRB,2002 FCT 1259.

Return to note 1 referrer