Immigration and Refugee Protection Act (S.C. 2001, c. 27)

Act current to 2015-02-04 and last amended on 2015-01-01. Previous Versions

Marginal note:Protection of information on appeal

 Section 83 — other than the obligation to provide a summary — and sections 85.1 to 85.5 apply to an appeal under section 79 or 82.3, and to any further appeal, with any necessary modifications.

  • 2001, c. 27, s. 84;
  • 2008, c. 3, s. 4.

Special Advocate

Marginal note:List of persons who may act as special advocates
  •  (1) The Minister of Justice shall establish a list of persons who may act as special advocates and shall publish the list in a manner that the Minister of Justice considers appropriate to facilitate public access to it.

  • Marginal note:Statutory Instruments Act

    (2) The Statutory Instruments Act does not apply to the list.

  • Marginal note:Administrative support and resources

    (3) The Minister of Justice shall ensure that special advocates are provided with adequate administrative support and resources.

  • 2001, c. 27, s. 85;
  • 2008, c. 3, s. 4.
Marginal note:Special advocate’s role
  •  (1) A special advocate’s role is to protect the interests of the permanent resident or foreign national in a proceeding under any of sections 78 and 82 to 82.2 when information or other evidence is heard in the absence of the public and of the permanent resident or foreign national and their counsel.

  • Marginal note:Responsibilities

    (2) A special advocate may challenge

    • (a) the Minister’s claim that the disclosure of information or other evidence would be injurious to national security or endanger the safety of any person; and

    • (b) the relevance, reliability and sufficiency of information or other evidence that is provided by the Minister and is not disclosed to the permanent resident or foreign national and their counsel, and the weight to be given to it.

  • Marginal note:For greater certainty

    (3) For greater certainty, the special advocate is not a party to the proceeding and the relationship between the special advocate and the permanent resident or foreign national is not that of solicitor and client.

  • Marginal note:Protection of communications with special advocate

    (4) However, a communication between the permanent resident or foreign national or their counsel and the special advocate that would be subject to solicitor-client privilege if the relationship were one of solicitor and client is deemed to be subject to solicitor-client privilege. For greater certainty, in respect of that communication, the special advocate is not a compellable witness in any proceeding.

  • 2008, c. 3, s. 4.