Immigration and Refugee Legal Aid Cost Drivers

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Table of Contents

• Executive Summary
• 1. Introduction
  • Working assumption
  • Approach and structure of the report
• 2. Legal aid cost drivers - a general overview
  • 2.1 Case volume and demand for legal aid services
  • 2.2 Government policy and enforcement activities
  • 2.3 Process driven costs
  • 2.4 Nature of cases
  • 2.5 Cost impact of different modes of delivering legal aid
    • 2.5.1 Delivery of legal aid services through salaried staff
    • 2.5.2 Delivery of legal aid through judicare
      • 2.5.2.1 Fee for service - hourly rates and flat rates
      • 2.5.2.2 Block contracts
      • 2.5.2.3 Franchising
    • 2.5.3 The problem of agency cost
  • 2.6 Market cost of legal services
  • 2.7 Availability of alternatives to legal aid
    • 2.7.1 Role for paralegals and consultants
    • 2.7.2 Assisted self-representation
    • 2.7.3 Role for NGOs and community support groups
• 3. Cost drivers unique to immigration and refugee legal aid
  • 3.1 Immigration to Canada and legal aid costs
    • 3.1.1 The refugee determination process as an alternative channel for immigration
  • 3.2 Global migration issues
  • 3.3 Conditions in source countries as "push" factors
  • 3.4 Refugee claim distribution dynamics among industrialized countries
  • 3.5 Factors influencing choice of Canada as a host country
  • 3.6 Impact of Canadian interpretation of the Refugee Convention
  • 3.7 Impact of easing of barriers to international travel
  • 3.8 Impact of anchor communities in Canada
  • 3.9 Role of smugglers
  • 3.10 Problems in establishing identity of refugee claimants
  • 3.11 Bilateral and multilateral agreements and "safe third country" provisions
    • 3.11.1 The Schengen Agreement and the Dublin Convention
    • 3.11.2 "Safe third country" provisions
    • 3.11.3 Canada - US bilateral agreement
  • 3.12 Composition of refugee claim intake in Canada
  • 3.13 Legal aid cost implications of the marine arrivals in 1999
• 4. Domestic considerations
  • 4.1 The dynamic relationship between immigration policy and asylum policy
  • 4.2 The dynamic relationship between overseas selection of refugees and inland determination of refugee claims
  • 4.3 Impact of domestic enforcement policies on demand for legal aid
    • 4.3.1 Detention of immigrants and refugee claimants
    • 4.3.2 Ministerial "Public Danger" Opinions
    • 4.3.3 Removal proceedings
    • 4.3.4 Increased focus on point-of-entry interviews
• 5. Challenges relating to provision of legal aid for refugee claimants
  • 5.1 Need for interpreters and translation of documents
  • 5.2 Need for medical reports and psychological assessments
  • 5.3 Unfamiliarity with Canadian legal processes
  • 5.4 Gender-related claims and cases involving victims of torture
• 6. Procedural requirements as a cost driver
  • 6.1 Initial determination of status
    • 6.1.1 Expedited determination of refugee claims
    • 6.1.2 Determination of claims in hearings
  • 6.2 Judicial review
  • 6.3 Sponsorship appeals
  • 6.4 Pre-removal proceedings
• 7. Impact of legislative and jurisprudential developments
  • 7.1 Cost implications of the new Immigration and Refugee Protection Act
    • 7.1.1 Front end processing linked to rapid referral to RPD
    • 7.1.2 Increased RPD hearing capacity as result of move to single member panels
    • 7.1.3 Consolidation of grounds for protection
      • 7.1.3.1 Elimination of PDRCC review and changes to H&C appeals
  • 7.2 Appeal to new Refugee Appeal Division as of right
  • 7.3 Pre-removal risk assessment (PRRA)
  • 7.4 Changes in eligibility criteria
  • 7.5 Recent changes in national security legislation
• 8. Impact of delays in process
  • 8.1 Delay as a "load" factor increasing work to be done
  • 8.2 Delay in determination of cases and removal of failed claimants
• 9. Conclusion
• Appendix A
• Bibliography
  • References
  • Statutes
  • Regulations
  • International Agreements
  • Cases
  • Personal communications and interviews

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