This paper is designed as a reference source and practical tool for all 4 divisions of the Immigration and Refugee Board of Canada (IRB)Footnote 1 on issues related to weighing evidence. It includes discussions of possible factors to consider in weighing evidence, as well as relevant case law. This paper is not meant to be exhaustive, nor is the application of the factors and principles discussed herein to be considered mandatory. It is provided simply as a guide to matters that may be relevant in weighing different types of evidence.
The paper refers to decisions of the Federal Court, the Federal Court of Appeal and the Supreme Court of Canada. The paper will occasionally refer to decisions of other courts and tribunals, including past and current Divisions of the IRB, where they provide particularly helpful guidance or apply the law in circumstances that have not been considered by the Federal Court, the Federal Court of Appeal or the Supreme Court of Canada.
Case law on credibility can be found in the IRB Legal Services paper “Assessment of Credibility in Claims for Refugee Protection”. Case law on the interpretation of the definition of a Convention refugee and a “person in need of protection” can be found in the IRB Legal Services paper “Interpretation of Convention Refugee and Person in Need of Protection in the Case Law”.
Disclaimer: This paper is for information only. It is not intended as legal advice. Changes may have occurred since it was published, and it may no longer be accurate. Terms and Conditions of its use may be found here.