The Immigration and Refugee Board of Canada (IRB) has published a review of the way it is implementing Chairperson’s Guideline 9: Proceedings Before the IRB Involving Sexual Orientation and Gender identity and Expression (SOGIE).

The review began in the spring of 2019 as a best practice for policy instruments, ensuring that they are being applied effectively in a manner that supports high quality decision-making. The review’s objectives were to assess if and how Guideline 9 was being applied and to develop recommendations to further strengthen its implementation.

The review includes analysis of a sample of IRB cases and relevant Federal Court cases, a series of consultations with internal and external stakeholders, and a comprehensive scan of policy, media and academic sources.

Quick Facts

• Chairperson’s Guidelines are non-binding tools that serve as a source of guidance on the adjudication and management of cases. They are used primarily by decision-makers but are also intended for the personnel supporting adjudicative functions.
• Chairperson’s Guideline 9 was introduced on May 1, 2017, with the purpose of promoting greater understanding of cases involving SOGIE and the harm individuals may face due to their non-conformity with socially accepted SOGIE norms. It addresses the particular challenges these individuals may face in presenting their cases before the IRB and establishes guiding principles for decision-makers in adjudicating SOGIE cases.

To access the review and learn more, click here>>