Management response and action plan: Assessment of decision-making quality in the Refugee Protection Division (2020 to 2021)

1. Complete the transition from physical files to e-files as soon as possible, including the implementation of the new tabbing protocol to all e-files:

• To ensure that members can easily find the relevant documents for their file and prepare for the proceedings, continue current practice of informing members of the advancement of the implementation of the transition from physical files to e-files and update instructions to members and training accordingly.

Yes

ORS

2. In line with the recommendation of the RPD Quality Report for 2019-20, continue to provide guidance on the importance of file information completeness and consistency.

Yes

To improve file information completeness and consistency, ORS will:

1. Address issues identified by the RPD that Members are experiencing with the current tabbing protocol and e-file preparation process to further improve file organization.
2. Update the e-file tabbing protocol and ensure registry is trained to apply the modifications made to the protocol.

ORS

1. Q2 2022-23
2. Q3 2022-23

3. Interpretation:

1. Clarify in the guidelines and/or instructions to members that in all proceedings, including virtual hearings on MS Teams, claimants have a right to interpretation for all parts of the proceedings, including the oral delivery of the reasons for the decision. Claimants can waive their right to interpretation; however, members have to specifically ask them or their counsel, and ensure claimants have a real choice to waive interpretation or not.
2. Clarify in the guidelines and/or instructions that members should not ask or rely on the interpreter to provide a summary of the reasons for the decision. If claimants agree to waive his or her right to interpretation for the oral delivery of the reasons for the decision, members can provide their own summary which can be translated to the claimant.

Yes

The RPD will revise the virtual hearing guide for members, and the script for hearings to include a reminder that Members should not ask nor rely on interpreters to summarise the reasons for a decision, that the claimant has a right to interpretation for all parts of the proceedings, and that Members should always ask claimants or counsel whether they wish to have interpretation for the oral delivery of the reasons for decision (in which case, consecutive interpretation can be provided). Members will be advised of these updates in writing through email communications.

RPD

Q1 2022-2023

4. Sensitivity and respect: To ensure hearings are conducted in a respectful and sensitive manner that enables claimants to fully participate in their own proceedings, the RPD should continue to implement good practices in professional development programming, by leveraging internal examples of best practices in hearings from members as learning examples for training exercises.

Yes - The RPD New Member Training (NMT) already provides training on conducting hearings in a focused, respectful, and trauma-informed manner.

1. The RPD held PD sessions across all regions on unconscious bias and anti-racism, which enhances the member’s ability to conduct hearings in a respectful and sensitive manner, in Q3 and Q4 of 2021-22.
2. Further training on trauma-informed adjudication is already planned for delivery during the in-depth Chairpersons Guideline 4 and Chairpersons Guideline 9 training.

RPD-Quality Centre

1. Completed (Q4 2021-22)
2. Q1 2022-23

5. Vulnerable Persons: Provide further training and/or guidance to members for proceedings involving vulnerable persons, especially on how to include the claimants and their designated representatives in all steps of the proceedings

Yes

The Vulnerable Persons Guideline is currently being revised. Once revised the RPD will devote a Professional Development session for all members.

Training on making procedural accommodations for vulnerable persons will also be provided to Coordinating Members (CMs)​ as part of the CM training module on interlocutory applications.

RPD-Quality Centre

Q1 2022-23

6. Issue agenda: In line with the recommendation of the RPD Quality Report for 2019-20, continue to stress the importance of setting determinative issues addressed to both claimant(s) and counsel at the beginning of the hearing when training new members as well as during professional development sessions

Yes

1. The new member training program was updated to include sessions on the Role of the member and the importance of focusing on the determinative issue.
2. Adjudicative tools, such as a specific flowchart on issue identification, were introduced as part of the NMT Pilot Project that was launched in September 2021.
3. Additional PD sessions planned for Q4, such as “Advanced Credibility”, will focus on the importance of credibility assessment in the context of determinative issues.
4. Professional development sessions on procedural issues will be delivered to all members. These PDs will address how to clearly communicate the determinative issue, including on the issue(s) no longer under consideration.

RPD- Quality Centre

1. Completed (Q2 2021-22)
2. Completed (Q3 2021-22)
3. Completed (Q4 2021-22)
4. Q3 2022-23

7. Narrowing the issues: In line with the recommendation of the RPD Quality Report for 2019-20, continue to underline the utility of clearly narrowing the issues prior to questioning and final submissions by counsel when training new members as well as during professional development sessions.

Yes, partially. RPD members need to strike a balance between conceding too much too early and it is not always possible to narrow the issues. The member may have more than one determinative issue in mind until they are writing their reasons. Therefore, sometimes it is not advisable to remove a determinative issue prematurely unless the member is confident that they will not affect their reasons.

1. The new member training has been updated to include sessions on the Role of the member and the importance of focusing on the determinative issue. File Reviews have been incorporated in the NMT where the trainees repeatedly engage in the exercise of spotting the determinative issue and narrowing down the potential issues.
2. Adjudicative tools, such as a specific flowchart on issue identification, have also been introduced as part of the NMT Pilot Project that was launched in September 2021.
3. Additional PD sessions planned for Q4, such as “Advanced Credibility”, will focus on the importance of credibility assessment in the context of determinative issues.
4. Professional development sessions on procedural issues will be delivered to all members. These PDs will address how to clearly communicate the determinative issue, including on the issue(s) no longer under consideration.

RPD- Quality Centre

1. Completed (Q2 2021-22)
2. Completed (Q3 2021-22)
3. Completed Q4 2021-22
4. Q3 2022-23

8. Conclusions based on issues and evidence: When training new members as well as during professional development sessions, members should be reminded that they must support their conclusion on credibility on the evidence provided during the hearing, taking specific examples from the claimant’s testimony.

Yes

1. NMT Pilot in Q3 of 2021-22 introduced a strong emphasis on conclusions based on the evidence.
2. There will be an “Advanced Credibility” training session as set out by the National PD committee that will better equip members to rationally connect their conclusions to the evidence before them, and how to focus on the material evidence for their decision-making (Same deliverable as 6c).

1. RPD Quality Centre
2. RPD Quality Centre

1. Completed (Q3 2021-22)
2. Completed (Q4 2021-22)

9. Clear, unambiguous findings of fact, supported by clear examples and credible findings: Continue to implement good practices in professional development programming by sharing concrete examples and tips on how to personalize reasons. Members should be reminded that general findings, have to be supported with specific examples.

Yes

1. The National PD committee is devoting a PD session to Reasons writing, including on how to include relevant examples to rationally connect the evidence to sound conclusion(s).
2. The RPD provided single issue templates (on the determinative issue at hand) to prompt the member to deal with concrete examples relevant to the determinative issue. These were distributed with the NMTs and are available for all members.

1. RPD Quality Centre
2. RPD Quality Centre

1. Q4 2022-23
2. Completed (Q3 2021-22)

10. Legislation, rules, regulations, Jurisprudential Guides, Chairperson’s Guidelines or persuasive decisions: For the purposes of professional development, share good practices on when it is relevant and how to engage with the case law in a persuasive and efficient manner in decisions.

Yes

1. Monthly professional development sessions have a standing item which includes Jurisprudential Update, including on cases affecting the interpretation of our rules, etc. The RPD will continue this practice.
2. Comprehensive training on Chairpersons Guideline 4 and Chairpersons Guideline 9 will be provided to all members (same deliverable as 4b).

1. RPD Quality Centre
2. RPD Quality Centre

1. Completed (Q4 2021-22)
2. Q1 2022-23

11. Reasons easily understood and logically sequenced:

• Remind members to include clear headings in their reasons for their decision, even for oral decisions.
• In professional development programming, share tips and concrete examples of how to improve writing and organizational skills to deliver clearer and logically sequenced reasons for oral decisions.

Yes

1. New Members: The NMT’s reasons writing module strongly focuses on point-first writing
2. Current Members: The RPD has provided issue templates to members which include headings and prompt the member to include relevant examples and have relevant headings (same deliverable as 9b).
3. The National PD committee has planned a PD session to focus on reasons writing where the principles of point first writing are emphasized

1. RPD Quality Centre
2. RPD Quality Centre
3. RPD Quality Centre

1. Completed (Q2 2021-22)
2. Completed (Q3 2021-22)
3. (Q4 2022-23)

12. Sound quality:

• Ensure all members are aware of and using best practices to resolve sound and technology issues proactively and efficiently. Members should ensure they have a distraction free environment while presiding, free of noise pollution from outside sources wherever possible. For example, they should ask participants to turn off or mute their cell phones and to disable notification alerts on their computers.
• Headphones with microphones:
• Make headphones with integrated microphones available to all members and encourage their use.
• On the webpage “RPD virtual hearings – Guide for parties”, reference to headphones is made in the section “Tips to avoid technical problems”. However, such recommendation is not in the “Notice to Appear for a Virtual Hearing for your Refugee Protection Claims”, RPD 45.04 (December 3, 2020). Clearly put in all documents concerned with virtual hearings that headphones with integrated microphones are strongly recommended, while not mandatory.

Yes

1. The RPD will continue to monitor the survey feedback responses to identify hearings where sound quality was an issue and follow up with the affected participants (e.g., interpreter’s unit for interpreter issues, registry for counsel issues, and the relevant CM for issues) to ensure that the problems are resolved.
2. The RPD is working with IRB comms to translate the virtual hearings “quick tips” guide (i.e. tips to help avoid technical issues at a virtual hearing) into multiple languages and plans to publish these versions on the IRB website, which will provide guidance and best practices on reducing noise pollution.
3. The RPD will work with CITO to explore options for providing headphones with integrated microphones for members who do not already have them.

1. RPD / ORSB
2. RPD / Communications
3. RPS

1. Q1 2022-2023
2. Q2 2022-2023
3. Q4 2022-23

13. Confirmation that all parties are alone: Harmonize practices among the Eastern, Central and Western regions and require members to add in their questions at the beginning of virtual hearings whether all parties are alone in the room.

Yes

The RPD has added to the Member’s virtual hearing script an opening statement that they should pronounce at the beginning of their hearing -to confirm that all parties are alone in their location as well as to state the location where they are connecting from.

RPD

Completed (Q4 2021-2022)

SOGIESC

14. Continue to provide mandatory training to all members on the application of Chairperson’s Guideline 9.

15. Intersectionality: Provide guidance on when it is relevant and how to consider intersectional factors when making a decision for SOGIESC claimants.

Yes

1. Comprehensive training on Chairpersons Guideline 4 and Chairpersons Guideline 9 will be provided to all members (same deliverable as 4b and 10 b.)
2. NMT will be revised to include revisions to the Chairpersons Guideline 9, which will cover guidance on considering intersectional factors.

1. RPD Quality Centre
2. RPD Quality Centre

1. Q1 2022-23
2. Q1 2022-23