Step 5: Prepare for your hearing

Send your disclosure​

This only applies if the Minister filed his appeal before January 14, 2023.

Documents and other information can help you prove your case. You must prepare your case well before your hearing date. The IAD and the Minister’s Counsel must receive copies of your documents, witness information, and interpretation needs at least 20 days before your hearing.

Providing documents is called disclosure of evidence. To prepare the documents, follow the steps in Preparing and disclosing documents for your appeal.

Virtual hearings

If your hearing is virtual, read Quick tips to prepare for your virtual hearing at the IRB ​to learn more. The guide explains the technical requirements and gives you instructions and tips on what to do or not do during your hearing.

Witnesses

Anyone who testifies at the hearing (including you) must be listed as a witness. Complete and send your list of witnesses no later than 30 days before the hearing. It helps the IAD to plan your hearing by telling us:

  • the name of each witness
  • your relationship to the witness
  • how long the testimony will take for each witness
  • whether the witness will need an interpreter, and in what language or dialect
  • whether the witness will testify in person, by Microsoft Teams, or by telephone

You must send this information to both the Minister’s counsel and the IAD.

Expert witnesses

If your witness is an expert, such as a doctor, they must write and sign a report. They must send the report no later than 30 days before the hearing. The report must be in either French or English. It must go to both the IAD and the Minister’s counsel.

In the report, the expert witness should give their qualifications. They should summarize the evidence they will give at the hearing. If the expert charges a fee for the report or for attending the hearing, you have to pay.

Summoning a witness

If you want to make sure a witness appears at your hearing, and your witness is in Canada, you can ask the IAD to issue a summons. This document directs the person to appear as a witness at the hearing. That means that they must attend. You are responsible for giving the summons to the person you want to appear. You have to offer to pay them witness fees and travel expenses.