Representation for Immigrants and Refugee Claimants

Appendix 1 Interview Guide - Claimants, Appellants, Detainees, etc. (continued)

2. General questions for all respondents

2.1 Initial perception of needs

The following questions should be asked to ascertain the respondents' perception of their needs when they first became involved in immigration-related legal proceedings before the proceedings got under way. It is anticipated that responses will be quite diverse. Depending on responses received, interviewers should probe further with follow-up questions to clarify the needs identified.

2.2 Expectations with regard to representation

The following questions are directed to determining whether the respondent has sought or is seeking the assistance of an agent or intermediary to act as the respondent's representative in immigration and refugee proceedings before the Canadian authorities. Specifically, the questions are intended to elicit information on the sort of representation sought and the respondents' expectations regarding representation.

2.3 Choice of representative

The following questions are designed to explore the dynamics behind respondents' choice of persons to assist them in preparing and presenting their cases. Questions should be adapted as required when dealing with unrepresented respondents.

2.4 Communication with representative

The following questions are directed to eliciting information about respondents' experience with persons who have represented them in immigration and refugee proceedings. These questions can be skipped for unrepresented respondents.

It is difficult for respondents to provide an informed assessment of their representative's competence. However, they are able to comment on their subjective impressions of persons who have represented them and on the empathy shown to them by the representative. They are also able to comment on the clarity and timeliness of communications they have received from their representative, and on the ease with which they have been able to contact the representative when necessary.

2.5 Case preparation

These questions are directed to examining the extent to which respondents have been involved in preparation of their cases, and to the quality and importance of work done by the representative. Questions 2.5.2 - 2.5.9 can be skipped for unrepresented respondents.

2.6 Representation at hearings

These questions apply only to respondents who have had a hearing. The questions are intended to shed light on the respondents' experience in relation to the hearing and their assessment of the role played by their representative and other participants at the hearing. When interviewing unrepresented claimants, questions pertaining to persons acting as their representative should be adapted or should be skipped entirely, as appropriate in the circumstances of the individual interview.

2.7 Experience in dealing with paralegals

The following questions are directed primarily to respondents who have been assisted by paralegals either as their principal representative, in a supporting capacity to their principal representative, or in lieu of a representative. The questions are intended to elicit information about the tasks performed by non-lawyers and about therespondents' experience in dealing with paralegals.

As a preliminary to these questions, interviewers should ascertain whether respondents fully understand the distinction between lawyers and non-lawyers as representatives, and the role of paralegals in support of principal representatives. Where necessary, interviewers should explain the distinction so respondents understand the thrust of the questions.

Paralegals are non-lawyers who provide services that require some form of legal expertise, acquired either through experience or through formal training. For purposes of this study, we draw a distinction between paralegals who work independently, without any supervision from lawyers (immigration consultants), and those who work under the supervision of lawyers, in legal aid clinics, in law offices, or in some other situation where a lawyer is ultimately accountable for their work. We are also interested in examining the role played by persons without any legal experience or training who provide assistance and/or representation to immigrants and refugee claimants. Included in this group are friends, family members and volunteers, as well as staff at community service organizations who assist immigrants and refugee claimants but who do not have the training or experience to be considered true paralegals.

2.8 Payment for services

The following questions are directed to ascertaining what services respondents have had to pay for and whether they applied for and obtained legal aid. This may shed light on the extent to which respondents are being charged for services not covered by legal aid and to what extent, if any, they are being charged, over and above the legal aid tariff, for services that are covered. The number of persons being interviewed is not sufficient to provide any definitive answers to these issues, but the responses may provide a preliminary indication of whether there are any issues that need to be examined more closely.

2.9 Interpretation

The following questions are directed to eliciting information about respondents' need for interpretation, both in preparation for their hearing and in dealings with CIC and IRB officials.

2.10 Respondents' overall assessment

The following questions are directed to eliciting respondents' overall assessment of the immigration and refugee procedures in which they have been involved. These questions are completely open-ended and are intended to give respondents an opportunity to address matters that may have been overlooked in the preceding questions and to comment in a general way on their experience. The questions explicitly touch on support as well as representation, since some respondents have not had any representation.