Management Response and Action Plan

1. A professional training session or a communiqué addressed to all members could make them aware of the importance of adapting the explanations according to whether the person is vulnerable, whether a designated representative and/or counsel is present, or according to the sequence of detention reviews.

The ID recently issued an aide-mémoire for members’ use in detention review hearings to assist them in addressing the detainee in plain language that is accessible to unrepresented persons. In addition, the ID will remind members during a professional development session and/or by way of a memo to adapt their language and explanations according to the particular circumstances of the proceeding.

2. A communiqué could remind all members of the importance of summarizing for the record, any discussions or changes that may have occurred during a break or an adjournment.

3. With respect to the appointment of designated representatives, the procedure leading to the presence of a designated representative in the hearing room may require a review, and training at the regional level on the responsibilities of members in the appointment of designated representatives may be appropriate.

The ID is in the process of engaging the services of a mental health law expert to develop a reference document and deliver a training session to members that would assist them in dealing effectively and humanely with detained individuals who are experiencing mental health issues. It is expected that this initiative will support members in determining the circumstances when the appointment of a designated representative would be appropriate. The ID will also ensure that members are reminded of their responsibilities in the appointment of a designated representative.

4. It is recommended that the ID develop a communiqué for members to raise awareness about the importance of facilitating the participation of the person detained in the hearing by:

1. Ensuring that all relevant evidence is disclosed by the Minister in advance and with enough time to allow the detained person or their counsel to review it and respond;
2. That all evidence is translated for the person detained where appropriate, and routinely asking the person detained on the record if the evidence has been translated for them;
3. That objections to evidence raised by the person detained are dealt with appropriately, particularly when they are unrepresented by counsel.

The ID will address this recommendation at an upcoming national training session for all members. It will also undertake an assessment of whether other actions may be required to ensure that persons concerned have access to all relevant evidence in advance of the hearing.

5. Given the regional differences observed, it is recommended that the ID ask legal services to highlight relevant FC jurisprudence for member training and attention on the subject of the interpretation of paragraph 248 (d) of the Regulation (whether facts prior to detention can be taken into account by the decision maker in determining whether there have been unexplained delays or an unexplained lack of due diligence on the part of the parties), to improve consistency of application and approach across the regions

The ID will address this recommendation at an upcoming national training session for all members.

6. Teleconferencing and videoconferencing remain valuable tools in some cases. However, hearings by teleconference or videoconference may make it more difficult to detect interactions, particularly when trying to determine if the person detained is a vulnerable person, or in need of a designated representative. A communiqué could make members aware of the fact that they should be especially vigilant in their dealings with the person detained when conducting hearings by video or teleconference in order to detect vulnerable persons status, or a possible incapacity to understand the nature of the proceedings.

The ID will remind all members by way of a memo of the importance of particular vigilance during hearings conducted by teleconference or videoconference of a potential vulnerability or incapacity that may cause them to be unable to appreciate the nature of the proceedings.