Access to Justice for Refugees: How Legal Aid and Quality of Counsel Impact Fairness and Efficiency in Canada’s Asylum System

Authors

Craig Damien Smith, Centre for Refugee Studies, York University
Sean Rehaag, Osgoode Hall Law School of York UniversityFollow
Trevor C. W. Farrow, Osgoode Hall Law School of York UniversityFollow

Document Type

Article

Publication Date

12-8-2021

Abstract

This report presents findings from a study exploring relationships between refugee legal aid, quality of counsel, the fairness and efficiency of asylum procedures, and access to justice for refugee claimants in Canada. Legal scholars, jurists and legal associations across Canada have recognized an access to justice “crisis”. The crisis extends to refugee claimants, and is exacerbated by unique vulnerabilities and barriers to justice. This report defines access to justice for refugee claimants in Canada as early and affordable access to high-quality legal representation to both prepare claims and appear before the Immigration and Refugee Board, without systemic or economic barriers; to fully participate in and understand the refugee status determination process; to obtain just and fair outcomes in a timely and efficient manner; and to have recourse for poor quality or abusive representation.

Recommended Citation

Smith, Craig Damien; Rehaag, Sean; and Farrow, Trevor C. W., "Access to Justice for Refugees: How Legal Aid and Quality of Counsel Impact Fairness and Efficiency in Canada’s Asylum System" (2021). Canadian Forum on Civil Justice. 4.
https://digitalcommons.osgoode.yorku.ca/cfcj/4