Get Legal Representation
Find out how to get a legal representative. Understand what they do and what you must do. Learn how to get help if you think they are not doing a good job.
Get a Legal Representative
The refugee claim process is complicated. It is a good idea to have a legal representative guide you through the refugee claim process. You are not required to have a legal representative, but they can help. you do your best.
When should I get a legal representative?
A legal representative can help you submit your claim, prepare your evidence and support you at your hearing. Try to get a legal representative before starting your refugee claim. If this is not possible, get one as soon as you can before your hearing is scheduled, that way you and your representative have lots of time to prepare.
What can a legal representative do?
- Let you know if you can make a refugee claim, and if it is a good idea for you
- Explain the terms Convention Refugee and Person In Need of Protection and which parts apply to you
- Tell you what to put in your BOC Form
- Tell you what evidence you need to gather
- Review your evidence and send it to the IRB-RPD
- Communicate with the IRB-RPD (and the Minister if they are involved)
- Prepare you for your hearing and help you practise answering questions
- Support you at your hearing and help you present your claim to the IRB-RPD
Who can represent me?
These people can represent (act for) you during your refugee claim:
- Lawyer
- Immigration consultant
- Notary public (in Quebec)
- Licensed paralegal (in Ontario)
Choose your legal representative carefully. Ask a trusted settlement worker about them.
Consider the following: Will they listen carefully to you? Will they make time for you? Do they always show up? Are they honest? Do they charge the right amount of money?
Law Societies
You want to trust that your legal representative is guiding you well and giving you good advice. Check that they are a member of their professional organization.
Here is the link to the law society in your province:
Law Society of Newfoundland and Labrador
Nova Scotia Barristers’ Society
Law Society of Prince Edward Island
- If you hire an immigration consultant, make sure they are a member of The College of Immigration and Citizenship Consultants. Immigration consultants must be certified to practise before the IRB. You can check the Public Register to verify an immigration consultant’s status.
- If you hire a paralegal in Ontario, check their record with the Law Society of Ontario.
- If you hire a notary in Quebec, check their record with the Chambre des notaires du Québec.
Representative without a fee
You are allowed to have someone you trust (such as a family member or friend) give you free help with your claim. This person is called a “representative without a fee.” But always try to get a legal representative.
How do I get a legal representative?
- Ask your settlement agency for names.
- Speak to a few different legal representatives to see if you like them. Read reviews about them.
- If you do not have money for legal help, ask Legal Aid or non-profit legal clinics for a free or low-cost representative.
Legal aid and legal clinics
Click on your province below to find what low-cost or free legal services may be available.
After you send in your BOC, contact Legal Aid Alberta (LAA) to ask for a lawyer to represent you at your refugee hearing. When you apply, LAA will ask questions about your situation and how much money you have to see if you qualify. They may ask you for documents. If you are approved, you will still have to pay for your lawyer, but at a reduced rate.
If LAA decides not to help you because you do not qualify financially or they think your claim will not succeed, you can appeal (ask for a review). You may have to pay back all or part of the legal aid expenses.
To apply to LAA, call: 1-866-845-3425
There are some agencies in Calgary and Edmonton that may be able to help you complete your BOC Form.
Calgary
Get legal advice and help with your BOC Form at Calgary Legal Guidance.
Calgary Legal Guidance
100 – 840 – 7th Avenue SW
Phone: 403-234-9266
Edmonton
Get legal advice about your BOC Form at Edmonton Community Legal Centre (ECLC).
Edmonton Community Legal Centre
Telus House, South Tower, 2nd Floor
10020 100 Street
Phone: 780-702-1725
Legal aid
Contact Legal Aid BC (LABC) as soon as you can and apply for legal aid.
Legal Aid BC has free lawyers for:
- Your refugee claim – from start to end
- Possibly your refugee appeal if you need one
- Legal advice and representation if you are detained
To apply:
Phone: 604-601-6076 or 1-888-601-6076 (no charge)
Suite 400 – 510 Burrard Street
Vancouver, BC V6C 3A8
When you apply, LABC will ask you questions to see if you qualify. They will look at how much money you have and how strong your refugee claim is. You may be asked to give them documents.
If you get legal aid, you can either tell them the name of a lawyer you want or ask them to assign you any lawyer.
If you don’t get legal aid
If LABC says you do not qualify for help, you can appeal (ask for a review). Write a letter explaining why you disagree and send it to them as soon as you can. You can give them any documents you think will support your appeal.
If you still do not qualify, a settlement agency can refer you to legal clinics or other resources in your community.
Free Legal Advice Clinics
If you cannot get legal aid, you may apply for services at:
Immigration and Refugee Legal Clinic
Phone: 778-372-6583
WhatsApp: 778-222-7568
Email: info@irlc.ca
103 – 2610 Victoria Drive
Vancouver, BC V5N 4L2
UBC Law Students’ Legal Advice Program (LSLAP)
Phone: 604-822-5791
If you would like to talk for a half hour with an immigration lawyer, you may contact:
Access Pro Bono Society
Phone: 604-878-7400
Toll-free: 1-877-762-6664
Contact CLASSIC Walk-in Advocacy Clinic in Saskatoon to apply for legal help with your BOC Form and for representation at your refugee hearing. They provide services to people with low incomes in Saskatoon. A lawyer will decide if you qualify.
CLASSIC Walk-in Advocacy Clinic
123 – 20th Street West
Saskatoon, SK S7M 0W7
Phone: 306-657-6100
Email: info@classiclaw.ca
Pro Bono Law Saskatchewan
Pro Bono Law Saskatchewan has Free Legal Clinics across the province (except Saskatoon). Call them to see if you qualify for an hour of free legal advice with a lawyer.
If you qualify, you can meet with the lawyer more than once. They do not help you complete your BOC Form or go to your hearing with you. But they may refer you to the Immigration and Refugee Panel Program for a lawyer who will.
1650 – 2002 Victoria Avenue
Regina, Saskatchewan S4P 0R7
Phone: 306-569-3098
Toll-free: 1-855-833-7257
Fax: 306-569-2198
Email: info@pblsask.ca
Contact Legal Aid Manitoba (LAM) as soon as you can and apply for legal aid.
Legal Aid Manitoba
On-line legal aid application
Phone: 204-985-8511
Toll-free: 1-866-800-8056
If LAM says you do not qualify, you can appeal (ask for a review).
You can also contact Welcome Place, Manitoba Interfaith Immigration Council for help with your claim. They offer paralegal services.
Welcome Place, Manitoba Interfaith Immigration Council
521 Bannatyne Place
Winnipeg, Manitoba
Phone: 204-977-1000
Call or walk in to make an appointment.
Contact Legal Aid Ontario (LAO) as soon as you can and apply for legal aid. If you qualify, LAO will pay your legal fees and will give you names of lawyers to represent you. If LAO says you do not qualify, you can ask for a review of the decision. If you still do not qualify, there may be other legal clinics that can help you. A settlement worker can guide you to other resources in your community.
Legal Aid Ontario
Apply for legal aid by calling:
Phone: 416-979-1446
Toll-free: 1-800-668-8258
Toronto – Refugee Law Office
20 Dundas Street West Suite 202
Toronto, ON M5G 2H1
Phone: 416-977-8111
Each region in Quebec has different legal aid offices. Find the list and contact information. Apply for legal aid as soon as you can.
The wait times are very long for being assigned a lawyer through legal aid. Often, you will not be assigned a lawyer before the deadline to submit your BOC Form. You can complete and submit the BOC Form on your own, or contact a lawyer who accepts legal aid mandates. If you contact a lawyer who accepts legal aid mandates, you can arrange for Legal Aid to cover the fees. Find the list of immigration lawyers who accept legal aid mandates.
Call or email the New Brunswick Refugee Clinic for help before you start your refugee claim if you can. You might qualify for free legal representation.
New Brunswick Refugee Clinic
327 St George Street, Suite 204
Moncton, NB E1C 1W8
Phone: 506 204 5781
Email: info@nbrc-crnb.ca
Fax: 506 204 6117
Call the Halifax Refugee Clinic for help before you start your claim if you can. If you qualify financially, may be able to get free legal representation.
Halifax Refugee Clinic
5538 Macara Street
Halifax, Nova Scotia
Email: halifaxrefugeeclinic@gmail.com
Phone: 902 422 6736
To find a private lawyer in Prince Edward Island, go to:
Contact Legal Aid Newfoundland to see if you qualify for legal aid for your BOC Form and for representation at the refugee hearing. They will look at how much money you have and how strong your refugee claim is.
Apply online, by mail, fax, or in person at your local legal aid office. A lawyer will call you.
Go to Legal Aid Newfoundland to get the application and office locations.
If you do not get legal aid, you can appeal (ask for a review).
Work with Your Legal Representative
Choosing a legal representative is very important. Learn how your legal representative should work with you, what they should not do, and what your role is. Find out what to do if you think your representative is not doing a good job.
Role of a legal representative
Your legal representative should:
- Set a date to meet with you about your claim, where they:
- tell you about their legal experience
- ask you about your claim and listen to your story
- explain the laws you need to know
- tell you about your options
- tell you how long the process will take
- explain the next steps
- Explain how you will stay in contact with each other
- Read and respond to your telephone or email messages
- Answer your legal questions
- Tell you what evidence you need for your claim
- Review your evidence and send it to the IRB-RPD
- Meet with you to prepare you for your hearing
- Prepare any witnesses for your hearing
- Show that they are ready for your hearing
- Get an interpreter for meetings and for your hearing, if needed
- Let you know if they make a mistake
- Listen to your ideas and follow your instructions (or if they disagree, explain why)
- Come to your refugee hearing organized and prepared
Your role as the client
Even if you have a legal representative, this is still YOUR claim. As the client, you should:
- Give them any evidence and documents they ask for and any new information you have. Do not send anything to the IRB-RPD without talking to them first.
- Share any important news about your country with them.
- Stay in contact about important dates.
- Read and respond to their telephone or email messages.
- Read documents or information they give you.
- Share with them any documents or letters you get from IRCC, CBSA or IRB-RPD.
- Make sure they know your current contact information and where to leave messages.
- Ask for help when you need it.
- Talk about any disagreement you have.
- Be honest so they can help you in the best way.
- Keep your documents organized and take notes of any tasks you are asked to do.
- Be on time for any appointments and hearings.
What your legal representative should not do
Your legal representative should not:
- Stop contacting you
- Send in a form without their name on it as your representative
- Tell you to lie or leave out information on any document
- Suggest that you use false documents or evidence
- Ask you to sign a blank or incomplete form
- Refuse to explain what they are doing, answer your questions, or give you copies of your documents and forms
- Refuse to do what you ask without a good reason
- Act unprofessional (for example, be rude or impatient with you)
- Promise that you will be successful in your refugee claim. Only the IRB-RPD decides if you get to stay in Canada. Be careful if they say that they “know someone” at IRCC, the IRB-RPD, or a Canadian embassy.
Concerns about your legal representative
You may get worried that your legal representative is not doing their job properly. If you can, try to talk to them to solve the problem. If that does not help:
- If you have a legal aid lawyer, contact your local legal aid office. Sometimes you can change your legal aid lawyer if you have a good reason. If legal aid lets you change, you must tell your lawyer in writing and they give your documents to the new lawyer.
- If your representative works in a company, ask their supervisor to help you.
- Contact your representative’s professional organization for help.
Representing yourself
If you cannot find a representative of any kind, you must do your BOC Form yourself, and go to your hearing.
If you do not have legal help:
- Attend a Ready Tour.
- Read the Claimant’s Guide.
- Read the National Documentation Package for your country.
- Use this website as your guide.
- Read everything the CBSA and IRB-RPD send to you and follow the instructions.
- Be familiar with your BOC Form, your narrative, and your evidence. Make sure everything in these documents is true.
- Get help from family, friends, or other people in the community you can trust. For example, someone who is good at reading and writing might be happy to help you.
Work with Your Interpreter
If you need them, you may work with interpreters:
- When meeting with your legal representative
- During interviews with IRCC or CBSA
- At your IRB-RPD hearing
You can have a free professional interpreter in your language at your eligibility interview and at your refugee hearing. You may not choose the interpreter.
If you have a legal aid lawyer, legal aid may pay for some interpretation. When you hire a legal representative, you will likely have to pay the fees yourself. In other situations, such as in free legal clinics, a friend, or a volunteer or worker can help interpret for you.
What your interpreter should do
The main role of an interpreter is to make sure everyone can understand each other clearly.
Interpreters should:
- Translate exactly or as closely as possible. They should not add anything or leave anything out.
- Never show if they agree or disagree with something.
- Keep everything that is said private.
Your interpreter should not:
- Give you legal advice or explain things without first getting permission from the speaker.
- Say what they think you meant, or shorten or expand what you say.
If you think the interpreter made a mistake or you do not understand something, tell your legal representative, the Member, or the officer.