Navigating Evidentiary Challeges In Administrative Tribunals 2021

WHEN
Live webinar July 29, 2021 @ 12:00 PM EST
OR available available video recording

INSTRUCTOR
Daniel Epstein

DURATION
3 hours

SUMMARY: This course will explore the rules of evidence that apply to refugee hearings before the Refugee Protection Division (“RPD”) and the Refugee Appeal Division (“RAD”) of the Immigration and Refugee Board of Canada. We will explore the best practices for building a claim, from establishing the burden of proof and identifying the issues, to preparing disclosure before the RPD and the Appellant’s Record before the RAD. During this course we will discuss the importance of credibility and its maintenance through evidence and claimant testimony.

The Burden of Proof
- The Shared Burden of proof
- National Documentation Packages
- The Powers of Board Members
The Standard of Proof
- ss. 96 & 97 IRPA
- Adjei v. Canada (Minister of Employment and Immigration), 1989 CanLII 5184 (FCA) – more than a mere possibility
- Li v. Canada (Minister of Citizenship and Immigration) – persuasive evidence of a substantial danger of being tortured
The Maldonado principle
- Resolving doubt in favour of claimants
- The Benefit of the Doubt
- Paragraph 196 of the Handbook
- Chan v. Canada (Minister of Employment and Immigration), 1995 CanLII 71 (SCC)
Expert Evidence
- Moffat v. Canada (Citizenship and Immigration), 2019 FC 896
- The line between expertise and advocacy – what to avoid
RAD
- 110(4) IRPA – New Evidence
- Canada (Citizenship and Immigration) v. Singh, 2016 FCA 96
- The Raza Factors – Raza v. Canada (Citizenship and Immigration), 2007 FCA 385
- 110(6) IRPA – Requesting a hearing
Federal Court – when can new evidence be submitted with an Application for Leave and for Judicial Review?
Preparing a client to give testimony at their hearing

See Full Course Outline

CPD CREDITS

For Lawyers and Paralegals

Law Society of Ontario
   • Substantive Hours: This program is eligible for up to 3 hours

Law Society of British Columbia
   • Approved for 3 CPD credits

Law Societies of Alberta, Manitoba, Newfoundland and Nova Scotia
   • For members of these Law Societies, consider including this course as a CPD learning activity in your mandatory annual requirements

Currently awaiting further accreditation

Purchasing Options

Please contact [email protected] for purchasing options for this course.

Your Instructor

Daniel Epstein

Barrister & Solicitor

Desloges Law Group

Daniel has over five year of experience operating his own law practice in Montreal, focused almost exclusively on immigration litigation. He appears regularly before the Federal Court of Canada and all divisions of the Immigration and Refugee Board. Daniel has also represented clients charged with criminal offences before the Ontario Court of Justice.

Daniel has extensive experience handling refugee claims at all stages, from initial intake to the Federal Court. His advocacy extends to written submissions, such as pre-removal risk assessments, rehabilitation applications, section 44 reports, Humanitarian and Compassionate application, etc. He approaches all of his clients’ causes, from the simplest to most complicated matters, with the same vigour and discipline.

Daniel is a mentor and evaluator in the Law Practice Program at Ryerson University, the experiential alternative to articling in Ontario. He has volunteered extensively with organisations dedicated to assisting those living in homelessness to reintegrate into society.