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1. Continue offering virtual hearings after the pandemic. | Yes: The IRB has committed to continue offering virtual hearings. | The IRB will continue to offer virtual hearings. No further action required. | IRB | Complete |
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2. Continue administering the Survey to generate more data and validate the conclusions of this report.
| Yes: The IRB agrees that gathering additional data on the sense of access to justice will provide insights and support improvements to the virtual hearing model. | The audit and evaluation team will design a framework to review virtual hearings. This framework will determine how and when to administer the access to justice survey in the future. | Audit and Evaluation Team and Operations and Regional Services (ORS) | Q4 2022-23 |
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3. Make the conclusions of this report available to the public to help challenge some inaccurate preconceived notions regarding virtual hearings. | Yes: The IRB agrees to publish the report. | The IRB will publish the report and management response within an appropriate time frame. | Audit and Evaluation Team | Q1 2022-23 |
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4. Gather data on the sense of access to justice for participants of in-person hearings to compare with virtual hearings. | Yes: The IRB agrees that gathering data on the sense of access to justice for in-person hearings will provide an important comparison to that of virtual hearings. | The audit and evaluation team will design a framework to review virtual hearings. This framework will determine how and when to administer the access to justice survey in the future. The IRB will only be able to administer the access to justice survey to a sample of in-person hearings if and when it is safe to resume such hearings. | Audit and Evaluation Team and ORS | Q4 2022-23 |
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5. Conduct periodic reviews of virtual hearings to establish what criteria should be used to decide in which cases they should be made available. | Yes- Partially: The IRB accepts the report’s result that it is not possible to create a conclusive list of situations where virtual hearings are appropriate. The IRB remains committed to reviewing where and how virtual hearings are used. | The audit and evaluation team will design a framework to review virtual hearings. This framework will help determine if trends have emerged indicating which cases may not be appropriate for their use. | Audit and Evaluation Team | Q4 2022-23 |
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6. If deemed useful, adopt new rituals and practices such as a pre-hearing online meeting to explain the process and its importance.
| Yes- Partially: The IRB provides information about the hearing process through several mechanisms: - Participant guides for virtual hearings
- Information included in the notice to appear
- Hearing Ready Tours in the RPD
- Script for Members (includes an opening statement explaining the virtual nature of the proceedings, stating where participants are connecting from and that they are in a private location, etc.)
- Quick tips sheet sent out with the email hearing link (outlines the top 5 things to prepare for a hearing)
- Informal scheduling conferences when appropriate
Pre-hearing online meetings for every hearing would be resource intensive and impair the IRB’s ability to resolve cases efficiently.
| The Refugee Protection Division (RPD) and IRB communications are developing an information video series that explains with visual props how to prepare for a virtual hearing that will be accessibly to all on its website. | RPD and IRB Communications | Q4 2022-23 |
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7. Create better virtual backgrounds for Board members.
| Yes- Partially: The IRB agrees with the results of the report that busy backgrounds can cause visual noise and that plain backgrounds are preferred. In keeping with the spirit of that finding, the IRB will maintain a plain background, but review and enhance the image so that it is clear. | The IRB will review the IRB backgrounds used by members and interpreters to ensure they are of high quality such that the words and insignia are visible to participants. | Communications | Q1 2022-23 |
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8. Encourage Board members to make use of MS Teams’ Spotlight feature.
| Yes- Partially: IRB has tested the use of the spotlight feature and found that it is not always appropriate or advantageous to use. The IRB will ensure members are aware of the current features of the system so that they may consider its use where appropriate. | The IRB will review and update its guide for members providing information about the system features such as spotlight and pinning and when their use is appropriate. | RPD, Immigration Division (ID), Immigration Appeal Division (IAD), Chief Information Technology Officer (CITO) | Q1 2022-23 |
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9. Add participants’ full names and roles to their display names. | Yes: The IRB agrees with the results of the report that adding this information would clarify the roles of participants. | Information Management and Information Technology (IMIT) will be implementing changes to how participants names and roles appear on MS Teams during virtual hearings | IMIT | Q2 2023-2024 |
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10. Adopt protocols for members on how to address concerns about participants either not being alone in the room, accessing scripted materials, or receiving information from off camera | Yes: The IRB agrees to update the instructions to members to incorporate best practices identified in the report | The IRB commits to conducting a review of these concerns, identify the degree to which members are experiencing them, develop responses, and implement solutions. | RPD
ID
IAD | Q1 2023-2024
Q1 2023-24
Q3 2022-23 |
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11. Adopt clear guidelines regarding camera placement, framing and lighting for virtual hearings.
| Yes- Partially: The IRB agrees partially and will issue such advice and best practices to members. The IRB is a high-volume tribunal that must balance efficiency with the hearing experience. The IRB cannot monitor and instruct all participants to every virtual hearing on the placement of cameras, framing and lighting, particularly when the digital divide makes it impossible or impractical for many participants to adhere to such guidelines. Issuing guidance to all participants to this effect may have the unintended impact of deterring persons appearing before the IRB from participating virtually.
| The IRB will review and update its advice to members providing them with best practices regarding camera placement, framing and lighting for virtual hearings, through its guidance document and newsletter to members. | RPD
ID
IAD | Q2 2022-23
Q2 2022-23
Q2 2022-23 |
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12. Offer alternative solutions to individuals who cannot abide by the guidelines regarding camera placement, framing and lighting for virtual hearings. | Yes: The IRB agrees and already includes information in the notice to appear which is provided to persons appearing in advance of the virtual hearing and describes how to request the use of onsite virtual hearing equipment if needed. ORS will continue to make the use of on-site virtual hearing equipment available to those who need it and is working with the Chief Information Technology Office (CITO) to improve access in its itinerant offices. | The IRB is working with Shared Services Canada (SSC) to provide Cloud Video Interop (CVI) gateway services which, once rated for Protected B, would enable its itinerant offices located in Hamilton, Edmonton and Winnipeg to have participants connect to a virtual hearing with a member off-site. Timing and implementation of CVI Protected B is subject to completion of the SSC review of security requirements and controls (currently underway as of March 2022) | CITO | Q2 2022-23 |
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13. Offer training to members and interpreters on how to address non-verbal cues. | Yes: The IRB provides new member and ongoing training that addresses these elements. The IRB provides instructions to interpreters that they only interpret what is said, and therefore are not addressing non-verbal cues. | No further action needed | RPD, ID, IAD, ORS | Complete |
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14. Work with jails, detention centers, IRBCC members, and other partners to try and offer quiet and accessible areas for taking part in virtual hearings. | Yes: The IRB agrees with the spirit of the recommendation and the importance of offering quiet and accessible areas for virtual hearing participation. The IRB is actively working with Canadian Border Service Agency (CBSA) to provide access to such spaces wherever possible. As the IRB is not responsible for the infrastructure and equipment of jails and detention centres, it is not possible to create access in every place of detention. As such work in this area will be ongoing. | The ID will inventory and document the resources available at each cite to look for opportunities to improve the hearing mode. | ID | Q1 2023-24
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15. Continue to offer and update documentation that will inform participants on the technical requirements associated with a virtual hearing, as well as on how to use the technology | Yes: The IRB agrees and already offers documentation that informs participants on the technical requirements associated with a virtual hearing, as well as how to use the technology in the notice to appear which is sent to all participants prior to their hearing. In the ID and IAD participation guides for virtual hearings are shared with the person concerned along with the notice to appear, and in the RPD guide for participants which is displayed on our website.
| The ID and IAD will each be publishing a virtual hearing guide for participants on the IRB website. | RPD, ID, IAD | RPD: Complete ID: Q1 2022-23 IAD: Q2 2022-23 |
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16. Allow a space and time for participants to test their equipment | Yes: The IRB agrees and already provides instructions for testing internet speed and connection prior to the hearing in its notice to appear which is sent to all participants prior to their hearing. Participants are also instructed to join their hearing 15 minutes prior to the start time to test their equipment and connection. | No further action needed | ORS | Complete |
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17. Ensure that all participants have access to adequate Internet connections and devices.
| Yes- Partially: The IRB agrees and offers the use of onsite virtual hearing equipment if needed. Information about how to request the use of this equipment is available in the notice to appear which is sent to participants prior to the hearing. The notice to appear also provides instructions for testing internet speed and connection prior to the hearing. The IRB is not in a position to ensure that all participants have access to adequate internet connections and devices to connect from their home or other location. | The IRB will continue to provide instructions for testing internet connection prior to a hearing and continue to offer use of its onsite equipment for virtual hearings where appropriate. No further action needed. | ORS | Complete |
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18. Create spaces or organise equipment rental or lending services directly or through a third party | Yes: The IRB agrees and offers the use of onsite virtual hearing equipment at certain locations if a participant needs access to such equipment to attend the virtual hearing. Persons appearing before the board are informed of this service through the notice to appear which is sent prior to the hearing. | The IRB will continue to offer use of its onsite equipment for virtual hearings where appropriate. | ORS | Complete |
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19. Continue to advise participants to install all security updates on their devices, and to use secure networks to log onto the hearing.
| Yes: The IRB agrees and will continue to advise participants in the Notice to Appear which is sent prior to a hearing and provides instructions to install all security updates and the use of a secure network to log onto the hearing.
| No further action | ORS | Complete |
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20. Stay informed of privacy legislation and how the CLOUD Act is being enforced in Canada. | Yes: IRB agrees and is informed on both Canadian and foreign legislation that could adversely impact the privacy rights of hearing participants. The IRB is compliant with Government of Canada standards for information security including measures to secure information that is transmitted or stored electronically. As staying informed of privacy legislation is an ongoing activity, there is no specific deliverable associated with this action. | No further action
| Legal Services | Complete |