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![]() Effective Date: January 23, 2003 Designation of Three-Member PanelsRPD Approach1. IntroductionUnder the Immigration and Refugee Protection Act, hearings by single member panels of the RPD are the norm. However, the RPD also has the authority to have a claim, or an application to vacate or cease refugee protection, heard by three members. In order to maintain the efficiency of the RPD's process, relatively few cases will be heard by three-member panels. Of the cases which are designated to be heard by three-member panels, most will be for the purpose of permitting newer members to enhance their presiding skills. A small number of cases will be heard by three-member panels for the purpose of advancing the RPD's adjudication strategy through a hearing and reasons-writing process which will be conducted by experienced members. The objective in this limited number of cases is to develop the analysis of the RPD on critical substantive or procedural questions. Some cases will also be designated to be heard by three-member panels in order to facilitate the exchange of ideas between regions. The purpose of this paper is to outline the Division's approach to the designation of three-member panels and to highlight a few of the operational considerations surrounding panel designation. 2. Authority to designate a three-member panelIRPA s. 163 reads:“Matters before a Division shall be conducted before a single member unless, except for matters before the Immigration Division, the Chairperson is of the opinion that a panel of three members should be constituted.” The Chairperson's authority to designate three-member panels is delegated to the Deputy Chairperson for all matters that relate to the Division's adjudication strategy. Where a three-member panel is required for training purposes, the Chairperson's authority is delegated to the Assistant Deputy Chairperson (ADC) or, in offices where there is no ADC, to the Coordinating Member (CM) for that office. The delegation does not extend to members. Therefore, only ADCs or CMs can designate a three-member panel in regional offices. 3. Criteria for designationFor your information, the criteria that are used to determine whether to designate a three-member panel are set out below. The criteria are divided into two groups, one which relates to the objectives of the Division in pursuing its adjudication strategy, the other which enables the Division to train members in presiding skills by having them sit together with experienced members. 3.1 Adjudication strategyThe focus of the Division's adjudication strategy is excellence and consistency in decision-making. One of the ways the Division fosters consistency is through the periodic exchange of members between regions. This enables members from one region to sit on a panel with colleagues from another region and to exchange ideas and discuss best practices in the course of hearing and deciding a case. Three member panels may be used to further this end, whether or not the case that the panel is deciding raises issues of any substantive or procedural significance for the Division. Subject to operational concerns, the decision to designate a three-member panel is made on a case by case basis by the Deputy Chairperson, if the Deputy Chairperson determines that assignment of members to a three-member panel will promote the exchange of ideas and discussion of best practices between regions. A second aspect of the Division's adjudication strategy is adjudication of a select number of cases involving substantive or procedural issues that are of importance to the Division. The decision to designate a three-member panel is made on a case by case basis by the Deputy Chairperson. Again, subject to operational concerns, a three-member panel may be designated if one or more of the following criteria is met:
The use of three-member panels in these cases will contribute to the Division's objective of a structured approach to the adjudication of issues of significance. 3.2 Training in presiding skillsThe majority of assignments of members to panels of three will be for training purposes. All of the Refugee Protection Division's members participate in intensive and comprehensive training on an ongoing basis, and this is particularly beneficial to newly appointed members who may have no previous experience in presiding over hearings. Presiding effectively over a quasi-judicial hearing requires a combination of skills that are best acquired through the actual experience of conducting hearings. By their nature, presiding skills are not easily acquired through training of members in the abstract or in a classroom setting. For example, those members newly appointed to the Division, may have the benefit of sitting with an experienced member if they are assigned to three member panels. This will enable them to enhance their presiding skills before beginning to hear cases as a single member. The decision to designate a three-member panel is made on a case by case basis by the ADC (or CM where there is no ADC) if the ADC or CM determines that assignment of a member to a three-member panel will enhance the member's presiding skills. 4. Requests by claimant/counsel for three-member panelsThe RPD will usually decide to designate a three-member panel of its own motion, and without notifying the parties of its intention to do so in advance. Once that decision has been made parties will be advised in order to enable them to prepare for the hearing accordingly. There may be instances where a party applies to the RPD to have a case heard by three members. In such instances the RPD will accept submissions from the parties on the question of whether the case should be heard by one or three members. However, because the decision to designate a panel is a question of case management, it is one for the Division to determine at its own discretion. Any request by counsel must be made in the form of an application pursuant to Rule 44 of the RPD Rules. The application must be made in writing and provided to the RPD 20 days before the hearing. If counsel makes an application at the beginning of a hearing to change the date or time of the proceeding, in order to make an application for a three-member panel, the member should treat it in the same manner as any other application to change the date or time of a proceeding. Hence, members will in no instance be making rulings on applications for three-member panels, but instead will be making rulings on applications to change the date or time of the proceedings. As noted above, the authority to designate a three-member panel does not extend to members who do not hold the position of Deputy Chairperson or Assistant Deputy Chairperson (or CM where there is no ADC). |
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